Incorporation by Reference

Question 1

What is the doctrine of incorporation by reference

Answer 1

An unattested document which as part of the will which has been executed

Question 2

The doctrines three requirements which must be proved

Answer 2

The document is clearly identifiable by reference in the will.

The document must have been in existence at the date of the will. Or between will and codicil - In the Goods of Smart 1902

The will must refer to the document as already in existence.

Question 3

Which case states the words used to identify the document must not be vague

Answer 3

In the Goods of Garnett 1894 - if vague not incorporated

Question 4

Two cases confirming document not valid as could be in existence after date of will

Answer 4

University College of North Wales v Taylor 1908 - ‘any memorandum’ indicated document could come into existence after date of will and therefore not validly incorporated

Re Bateman’s Will Trusts 1970 - court held ‘such persons as shall be stated’ pointed to future documents