Components of a Will

Question 1

Integration

Answer 1

If an integration question is raised, the will proponent must show that the pages were present when the will was executed and intended by the testator to be part of the will.

Question 2

Codicil

Answer 2

A codicil is a testamentary instrument that amends or supplements a previously executed will. To be valid the codicil must be executed with the same testamentary formalities as a will.

Question 3

Republication by Codicil

Answer 3

Under the doctrine of republication by codicil, a will is treated as having been executed on the date of the last validity executed codicil thereto.

Question 4

Incorporation by Reference

Answer 4

Incorporation by reference allows the testator to incorporate an extraneous document into their will. The effect of incorporation by reference is that the content of the extraneous document will be treated as though it was written into the will itself, even if the document was not witnessed or it was informally written in handwriting.

Question 5

To Incorporate a document by Reference

Answer 5

To incorporate a document by reference:
1) the document must be in existence at the time the will was executed
2) the will must refer to the document as being in existence; and
3) the will must identify and describe the document with reasonable certainty

Question 6

Exception for List Disposing of Items of Tangible Personal Property

Answer 6

A will may refer to a written statement or list that disposes of items of tangible personal property not specifically bequeathed by the will itself.
- may be prepared before or after the will’s execution
- may be altered by the testator at any time

Question 7

Exception for Instructions to Fiduciary as to Exercise for Discretionary Powers

Answer 7

If a will, trust, or power of attorney gives a fiduciary the power to make discretionary distributions to beneficiaries or gives them the power to make health care decisions for the maker, a letter to the fiduciary as to how the discretionary power should be interpreted can be incorporated by reference into the will, trust, or power of attorney.
- Letter can be written before or after execution of the will, trust, or power of attorney, but it must be signed and notarized.