Scope of a Will

Question 1

Incorporation by Reference

Answer 1

Will may incorporate an extrinsic document that is not testamentary in nature, if document is:

(1) In EXISTENCE at time of execution and at testator’s death;
(2) CLEARLY IDENTIFIED by the will; and
(3) REFERENCED in the will

Question 2

Integration

Answer 2

Indiana will NOT integrate documents attached to the will (unless properly incorporated by reference)

Question 3

Acts of Independent Significance

Answer 3

A testator can dispose of property based on some act or event that is unrelated to the execution of the will

Ex: Testator devises $1,000 to “the man who is my niece’s spouse at the time of my death.” Because the niece’s marriage has significance apart from this devise, the person who is married to the testator’s niece when the testator dies is entitled to $1,000 from the testator’s estate

Question 4

Exam Tip

Answer 4

Think about timelines

Incorporation by reference relies on documents that ALREADY EXIST

Acts of independent significance generally rely on events that occur AFTER WILL IS EXECUTED

Question 5

Foreign Wills

Answer 5

IN recognizes will legally executed in:

(1) Indiana;
(2) Jurisdiction in which the testator is present at the time of execution; or
(3) Domicile of testator