Section 13-2.1. Agreements involving a contract to establish a trust, to make a  


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  • testamentary  provision  of  any  kind,  and  by  a  personal
                 representative to  answer  for  the  debt  or  default  of  a
                 decedent, required to be in writing
        (a) Every agreement, promise or undertaking is unenforceable unless it
      or  some  note or memorandum thereof is in writing and subscribed by the
      party to  be  charged  therewith,  or  by  his  lawful  agent,  if  such
      agreement, promise or undertaking:
        (1) Is a contract to establish a trust.
        (2) Is a contract to make a testamentary provision of any kind.
        (3)  Is  a promise by a personal representative to answer for the debt
      or default of his decedent.
        (b) A contract to make a joint will, or not to revoke a joint will, if
      executed after the effective date of this paragraph can  be  established
      only  by an express statement in the will that the instrument is a joint
      will and that the  provisions  thereof  are  intended  to  constitute  a
      contract between the parties.