References to Acts and Events Outside the Will

Question 1

Incorporation by Reference

Answer 1

Extrinsic document not present when the will was executed (and thus not part of the duly executed will) can be incorporated by reference into the will if:

(a) writing is in existence at time will was created;
(b) will shows an intent to incorporate; and
(c) document must be clearly identified by language in will
* holographic will can’t incorporate typewritten document by reference

Question 2

Acts of Independent Significance

Answer 2

A will may determine that a beneficiary or amount of disposition be based on some future unattested act or event if the future act has significance independent of the will.

e.g.

Gifts of “my art collection,” “any automobile I own at my death” valid—independent significance

Bequests to “persons in my employ at my death” valid under independent significance doctrine

Question 3

Acts of Independent Significance (cont’d)

Answer 3

Bequest of personal property does not include its contents.

Bequest of real property does not include personal property located there.

Gift of “contents” of something includes all tangible personal property except titled personal property (cars, boats, etc.)