Reference to Acts and Events Outside the Will Flashcards
What is incorporation by reference?
This is when an extrinsic document, not present when was executed, can be incorporated by reference into the will if:
1) writing was in existence when will executed;
2) will shows intent to incorporate the writing; and
3) document is clearly identified by language in the will
July 1: “I devise Blackacre to the persons designated in the attached sheet, and the residuary estate to my brother.”
The attached sheet is dated May and is typewritten, signed, and unwitnessed.
Is this incorporation by reference? Is the attached sheet a holographic codicil?
This is not incorporation by will. To be incorporated by will:
1) writing was in existence when will was executed (appears so)
2) will shows intent to incorporate the writing (somewhat)
3) document is clearly identified by language in the will (not here - attached sheet is incredibly vague)
The attached sheet is also not a holographic codicil because it is not written wholly in T’s handwriting.
What is the acts of independent significance doctrine?
This relates to life-time acts that have a life-time purpose or motive and does not invalidate the will. For instance, if a will states that T’s brother will “receive T’s car upon death,” the will is not invalidated just because T had a different car when the will was executed and when T died.
Does a bequest of my “home at 4400 Westbrook Lane” include the contents of the house?
No. It is only of the home.
Does a bequest of my “home at 4400 Westbrook Lane and its contents” include all the contents of the house?
No. When a will specifies an object or home’s contest, this does not include title documents. This only includes tangible property and cash.
