Incorporation by reference

Question 1

Requirements

Answer 1

A document may be incorporated by reference into a will, provided:
* The will manifests an intent to incorporate the document
* The document is in existence at the time the will is executed; and
* The document is sufficiently described in the will

Question 1

INCORPORATION BY REFERENCE

Answer 1

Instead of writing something in the will, a testator may incorporate an extraneous document into the will by reference.

Question 2

Separate Writing Disposing of Tangible Personal
Property

Answer 2

Many states and the UPC have carved out an exception to the requirement that the document exist at execution. These states permit a testator to refer in their will to a list specifying the distribution of items of tangible personal property and to write or alter that list after executing the will.

Question 3

ACTS OR FACTS OF INDEPENDENT SIGNIFICANCE

Answer 3

An act or fact of independent significance is something outside of a will which has a purpose other than disposing of property at death. A will may dispose of property by reference to acts and events, even though they are in the future and unattested, if they have significance apart from their effect on dispositions made by the will. However, the
law may require certain items represented by title documents to be transferred in a particular manner such as real property, stock certificates,
and bank accounts. Acts of third persons, as well as those of the testator, can be used under this doctrine