Incorporation By Reference

Question 1

What does incorporation by reference mean?

Answer 1

A bequest through a document unattested in the will

Question 2

What are the three requirements by which a document or writing may be incorporated into a will by reference?

Answer 2

1. It was in existence at the time the wills was executed,
2. It is sufficiently described in the will, AND
3. The testator intended to incorporate it into the will.

Question 3

When can a document or writing bequeathing tangible personal property (not money) be incorporated into the will?

Answer 3

UPC:

1. It was signed by testator, AND
2. It describes with reasonable certainty the items and devisees

NOT required to be in existence at time will is executed and may be prepared after execution.