COMPONENTS OF A WILL

Question 1

Codicil

Answer 1

A codicil is a modification or amendment to a previously executed will and must be executed with the same formalities required for the execution of a will. A codicil republishes a will, which means that the codicil causes the will to speak from the date that the codicil is executed.

Question 2

Doctrine of Integration

Answer 2

The doctrine of integration permits the court to include in a will, papers which were
(1) physically present at the execution of the will AND
(2) the testator intended to be included in the will.

Question 3

Doctrine of Incorporation by Reference

Answer 3

{3 reqs} The Doctrine of Incorporation by reference allows the court to include non-testamentary documents in a will if:
(1) they existed at the time the will was executed;
(2) the will manifests an intent to incorporate them into the will; AND
(3) the will sufficiently described the documents to allow for identification.

Question 4

Doctrine of Independent Legal Significance

Answer 4

The Doctrine of Acts of Independent Legal Significance permits the court to fill gaps in the will by reference to acts or documents effectuated during the testator’s lifetime for a primarily non-testamentary motive. Acts performed after the will is executed which have a purpose or motive independent of any test purpose are given full effect when the distributions are made.