Pg 13

Question 1

What is the rule with regard to integration for a will?

Answer 1

All papers that are present at the execution and intended to be part of the will are treated as part of it. This is easy if the documents are stapled together and sequentially numbered.

Question 2

Wills that have multiple pages and are stapled should also have what to avoid issues that come when the staples come apart?

Answer 2

• numbering such as “one of four“ so you know how many in total
• not to end a sentence at the end of the page, but instead to let it flow into the next page
• the testator can also initial and date each page

Question 3

If a codicil is involved, what is the date of re-publication?

Answer 3

The date of the codicil

Question 4

If you have a 2010 will that leaves a car to A, and then in 2014, another will that leaves stocks to C, when is this will treated as if it was written?

Answer 4

It is treated like the testator wrote the will in 2014 because republication by codicil is treated as if it was re-published on the date of the codicil.

Question 5

If you write a codicil to your will and you include the sentence “I want the earlier will to continue to be treated as executed on its original date.“ What does that mean?

Answer 5

It will continue to be treated as published on that date instead of re-published on the date of the codicil

Question 6

What is kind of special about the powers of a codicil?

Answer 6

Republication can cure defects with the original will

Question 7

What is incorporation by reference with regard to wills?

Answer 7

If a writing was in existence when a will was executed, it can be incorporated by reference as long as the language shows an intent and it describes the writing sufficiently to permit an identification. This allows a document that doesn’t meet will requirements to affect distribution of property at death.

Question 8

If a will incorporates by reference an unsigned document that has terms about who gets what, is that OK?

Answer 8

Yes, because it is incorporated by reference

Question 9

What is the rule for incorporation by reference with regard to a will?

Answer 9

You can only incorporate writings, not acts or events.

Question 10

What are the elements of incorporation by reference with regard to a will?

Answer 10

– the writing that is being incorporated must already be in existence at the time the will was executed
– the will must reflect an intent to incorporate the other document
– the will must sufficiently describe the other document so that it can be identified

Question 11

If a testator’s will says, “I leave stocks in equal shares to people on the list dated January 1, titled ‘recipients’.“ And that list exists but was not signed, is that OK for incorporation by reference?

Answer 11

Yes, because it was already in existence when the will was made and it was sufficiently described to identify it, and the will expressed intent to incorporate it

Question 12

If a will says, “I give stock to people on the list called ‘recipients’ that I will write.“ Is that OK for incorporation by reference?

Answer 12

No, because it was not in existence at execution

Question 13

If a will says “I leave stock to people that are in a document that is in my house.“ Is that OK for incorporation by reference?

Answer 13

No, because it doesn’t sufficiently describe the list enough to identify the list

Question 14

What is the presumption with regard to the timing for a writing in order for incorporation by reference to apply?

Answer 14

Writings that are dated on or before the date the will was executed are presumed to have been in existence when the will was executed.

Question 15

What are acts of independent significance with regard to a will?

Answer 15

Acts that are taken by a testator during his life, which, for reasons unrelated to the will, but due to construction of the will, alter its impact. The will can dispose of property by referring to acts and events that have significance apart from their effect on the dispositions made in the will.

Question 16

What is the rationale for acts of independent significance?

Answer 16

If the event was good enough for the testator during his life, it’s OK for distribution at death

Question 17

What is an example of an act of independent significance?

Answer 17

Marriage, birth, moving

Question 18

If someone gets married and writes a will that leaves everything “to his spouse,” at death, what do you have to do?

Answer 18

See who his spouse is

Question 19

For acts of independent significance, is it OK if the act or event happens after execution of the will?

Answer 19

Yes. I.e.: if a testator’s will leaves $100 to each employee on his payroll list, and at death, the employee list is different than it was at execution, that is OK, this applies because the payroll changed due to acts that were independent of the will

Question 20

If a will says, “I leave everything to people on the list titled ‘recipients’ that I will write” does that count as acts of independent significance?

Answer 20

No, because even though the list doesn’t have to be already written at execution, it does require that the list has significance apart from the distribution of property at death. This list only exists to designate who gets the testator’s stock at death, so it has no significance outside of the will.