incorporation by reference

Question 1

incorporation by reference

Answer 1

A document may be incorporated by reference into a will, provided:

1. it is IN EXISTENCE at the time of execution
2. it is SUFFICIENTLY DESCRIBED in the will, and
3. the will MANIFEST’S T’S INTENTION to incorporation the document

Question 2

incorporation by reference through holographic will

Answer 2

Holographic wills can incorporate non-handwritten material by reference where holographs are recognized.

Question 3

statutory exception to incorporation by reference

UPC

Answer 3

(UPC) Will may refer to written statement or list that disposes of tangible personal property other than money not specifically disposed of by the will.
Written list must be signed by T and must describe the property w/reasonable certainty
May be written before or after will executed, and may be altered at any time.

Question 4

acts of independent significance

Answer 4

T can modify his will through his actions.

Acts having an independent lifetime motive may have impact on the will as well.