Incorporation

Question 1

When can an unattested document be incorporated into a will?

Answer 1

(1) it was IN EXISTENCE at the time the will was executed;

(2) it is sufficiently DESCRIBED in the
will;

AND (3) the testator INTENDED to incorporate it into the will.

Question 2

What does the UPC require for incorporation for tangible personal property?

Answer 2

For tangible personal property:

(1) was SIGNED
by the testator; AND

(2) describes with reasonable certainty
the items and the devisees.

Question 3

What is the doctrine of Independent Significance?

Answer 3

A court may use an act of independent significance to fill in
any gaps of a will.

Acts of independent significance are those
with significance outside of the will-making process.