3. Incorporation by Reference Flashcards

1
Q

To incorporate an extrinsic document by reference:

A
  1. Writing must be in existence at time will was executed
  2. Will must manifest an intent to incorporate the document.
  3. Will must describe the writing sufficiently to permit its identification.
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2
Q

Written List exception:

A

Statutory exception found in FL. Will may refer to written statement or list that disposes of tangible personal property (other than money, property used in trade or business) not specifically disposed of by will. The written list must be signed by T and it must describe the property with reasonable certainty.

May be written before or after will executed; may be altered at any time.

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