Components of Will

Question 1

Integration

Answer 1

(1) Physical attachment
(2) Internal coherence of pages or
(3) Orderly dispositional plan

all raise presumption that pages were present and intended to be part of the will when executed

extrinsic evidence allowed

Question 2

Republication of Codicil

Answer 2

to be valid, codicil must be executed with the same formalities as the will

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

Question 3

Incorporation by Reference

Answer 3

Document may be incorporated by reference if:

(1) it is in existence at the time of execution
(2) it is sufficiently described in the will and
(3) the will manifests an intent to incorporate the document

must be able to be reasonably identified and document must correspond to the description in the will

Question 4

Acts of Independent Significance

Answer 4

Will can dispose of property by refernece to acts and events even though they are in the future and unattested if they have significance apart from their effect on the dispositions made in the will

(e.g., “I give each person in my employ at the time of my death”)

effect merely incidental to and independent of testamentary act

Question 5

Pour-over Gift to Inter vivos Trust

Answer 5

T may make bequest or devise to a trustee of an inter vivos trust notwithstanding the fact that the trust may be amended or revoked after execution of will

Question 6

General Power of Appointment

Answer 6

Authority granted to a person, enabling the person to designate, within the limits set by T, the persons who will take property & manner taken

General is power exercisable in favor of the donee himself, his estate, his creditors or the creditors of his estate

Question 7

Special Power of Appointment

Answer 7

Authority granted to a person, enabling the person to designate, within the limits set by T, the persons who will take property & manner taken

Special is a power exercisable in favor of a limited class of appointees, which class does not include the donee, his estate, his creditors, or creditors of his estate

Question 8

Nonprobate assets that CANNOT be disposed of by will?

Answer 8

(1) Life insurance
(2) Similar death benefits
(3) Property passing by right of survivorship
(4) Property held in trust

These pass according to terms of the particular arrangement