Incorporation by Reference: Facts of Independent Significance

Question 1

To incorporate an extrinsic document by reference:

Answer 1

1) writing must be in existence at the time the will was executed,
2) will must manifest an intent to incorporate the document
3) will must describe the writing sufficiently to permit its identification.

Question 2

Memorandum of tangible personal property

Answer 2

A will may refer to a written statement or list that disposes of tangible personal property (no money, real estate, stocks, or bonds) not specifically disposed of by the will. Requirements:

1) must be signed by T
2) must describe the property with reasonable certainty
3) may be written before or after the will is executed
4) may be altered at any time

Question 3

Doctrine of Independent Significance

Answer 3

Acts having an independent lifetime motive may impact on the will as well (Ex: “I devise my car to my nephew.” After the will was executed, T trades his old hyundai in for a BMW, which increases the value of the gift. Nephew gets the BMW through the doctrine of independent significance).