2. Components (UTATA)

Question 1

What is required for integration?

Answer 1

Burden of proof => Proponent

1) Pages present at execution

2) T’s intent to integrate
- Physically attached pages
- Internal coherence of pages
- Orderly disposited plan
- Witness testimony
- Extrinsic evidence

Question 2

What is required for incorporation by reference?

Answer 2

1) Documents present at will execution
- Reference to list specifying disposition of personal property (Most states + UPC)
- Includes codicil

2) T’s intent to incorporate
3) Sufficient description of documents in will

Question 3

What is required for modification of wills by codicil?

Answer 3

Republication of will

1) Will formalities
2) Will treated as executed on last codicil date
3) Inconsistent provisions taken over by codicil (partially valid will => Defective provisions added to intestate)
4) Consistent provisions remain in effect (valid will)

Validation of prior invalid will

1) Will formalities
2) Implied incorporation by reference

Question 4

What are facts of independent significance?

Answer 4

T modifies disposition;

• NOT by changing will wording
• By acts/events changing disposition => Significant to will (NOT avoidance of will reqs)

Question 5

What is required for a pour-over will?

Answer 5

Uniform Testamentary Addition to Trusts Act (UTATA)

1) Trust clearly identified in will
2) Trust existence
- Trust existed at time of will execution (traditional view)
- Trust existed before Testator’s death (modern view)