Components of a Will

Question 1

Codicil

Answer 1

A codicil requires the same formalities as a will. It is admissible to probate by itself. To the extent the will is not changed by the codicil, it is deemed to speak as of the date of the codicil, so the will is republished by the codicil.

Question 2

Integration

Answer 2

The will consists of all papers or writings actually present at the time of execution and that the testator intended to constitute her will. Intent and presence is presumed when the papers are physically connected or there is an internal sense of connections shown by the provisions running from one page to the next. These elements may be shown by extrinsic evidence.

Question 3

Incorporation by Reference

Answer 3

Incorporation by reference requires that (1) the incorporated writing be in existence as of the date of execution of the will, (2) the will shows the testator’s intent to incorporate the writing, and (3) the writing be sufficiently described in the will. This is almost always tested on a Wills question.

Question 4

Acts of Independent Significance

Answer 4

This doctrine permits a court to resolve ambiguities in a will by referring to certain documents or acts effectuated during the testator’s lifetime for primarily nontestamentary motives. The act or event must have a sufficient significance apart from its impact on the will.

Where someone is vague in the will, and outside evidence must be used to determine what they meant.