Incorporation by Reference Flashcards
T’s will devises Blackacre “as designated in a memo that I plan to write and will be attached to the will.” After T’s death, her will and an unsigned handwritten note were found in an envelope marked “My Will.” The note read “I give Blackacre to the ACS.” The note was dated two months after the will. T’s sole heir was a distant cousin of whom she was not fond and from whom she had not heard in many years.” Who takes Blackacre? Why (3)?
No one specifically. It will go to the residuary estate.
To incorporate an extrinsic document by reference, the writing must be in existence when the will was executed, the will must manifest an intent to incorporate the document, AND the will must describe the writing sufficiently to permit its identification.
“I devise the car I own at death to my nephew. I give $1k to each of my employees at death.” Three months after execution, T trades in his VW for a Caddy. Then, he fires two longtime employees and hires two new ones. Then T dies. What is the effect on the will? Why?
No effect. Nephew gets the car (Caddy) and the then-existing employees get $1k each.
This is because of the Doctrine of Independent Significance. Act having an independent, lifetime motive may impact on the will.
