Incorporation by reference

Question 1

What is incorporation

Answer 1

T may have numerous individual items that they wish to leave to different people can write a separate list - This list can be included in the will (incorporated) if the criteria is met

Question 2

Incorporation Criteria 1

Answer 2

Must be in existence on the date the will was executed

Question 3

Incorporation Criteria 2

Answer 3

be referred to in the will as being in existence

Question 4

Incorporation Criteria 3

Answer 4

Be clearly identified in the will

Question 5

In existence at the date the will was executed

Answer 5

If a document is not in existence at the time the will is executed it has not been incorporated , however if it is in exitance if the will is re published or a codicil is added it can then be incorporated Once it is incorporated it can not be changed.

Question 6

Document Referred to as in existence at the date of the will

Answer 6

It must be referred to as being a specific document in existence at the time

Question 7

Clear Identification of the document

Answer 7

If the description of the document is vague it will be invalid

Question 8

Effect of incorporation

Answer 8

Incorporated documents must be included to probate and therefore become part of the published will.