components of a will

Question 1

codicil

Answer 1

a testamentary instrument that amends, supplements, or revokes a will.

Question 2

integration

Answer 2

A will must be properly integrated = will proponent must show pages were present when will was executed and were intended to be part of the will

integration presumed when pages are physically attacked or there is internal coherence (page numbers)

extrinsic evidence allowed

Question 3

republication by codicil

Answer 3

Will is treated as having been executed on the date of the last validly executed codicil

“validly executed” = executed with the same testamentary formalities as a will

*** Remember that republication of a will by codicil can interact with other doctrines that are time sensitive. For example, a child is born after a will’s execution, but before a valid codicil to the will is created. The child would not be consid- ered pretermitted because the previously executed will is treated as republished as of the date of its latest codicil.

Question 4

incorporation by reference

Answer 4

When your will refers to an extraneous document, the document will be treated as if it were written into the will itself, even though document is not executed with will formalities

requirements
(1) document is in existence at time of execution of the will
(2) will refers to the document as being in existence
(3) will identifies and describes it with reasonable certainty

EXCEPTION
A reference to a written statement or list that disposes of items of tangible personal property not specifically bequeathed in the will will be incorporated by reference even when it is prepared prior to the will’s execution as long as:

(a) signed by testator
(b) describes items and beneficiaries with reasonable certainty

– note that it may be referred to as “in existence at time of my death” [i.e. does not have to be prepared prior to wills execution]

– note that it may be altered at any time

Question 5

acts of independent significance

Answer 5

Will may refer to acts and events that have significance outside of their effect on dispositions made by the will

the act must have some other lifetime significance or motive other than providing for the testamentary gift

Ex:
- may relate to the identification of the beneficiaries
- may relate to the identification of the property that is to be the subject matter of a bequest.