Testamentary dispositions involving other documents

Question 1

Incorporation by reference

Answer 1

Refer to PRE-existing writing and incorporate it

Must:

1. CLEARLY indicate intent to incorporate
2. Describe writing well enough to identify it
3. Must pre-exist the will
4. It cannot be changed

Question 2

Acts of independent significance

Answer 2

MAY make devise depending on events or acts other than devise of will

Act/event MUST have independent significance (e.g. will of a 3rd party/beneficiary)

They must have significance other than their effect on the dispositions made by the testator’s will

Example: Tom’s will devises property to any charities that are mentioned in any will executed by his wife, Wilma. Tom’s devise is valid even if Wilma executes her will after Tom executed his. Wilma’s execution of her will is an act of independent significance.

Question 3

Devise to an existing trust

Answer 3

Trust must exist at time of execution or be made concurrently

Valid even if trust is revocable

If trust revoked in entirety before testator’s death, devise is invalid

Question 4

Separate written list of tangible personal property

Answer 4

Make a list of property and recipients; the list can change and there can be multiple lists

If there is a conflict in the lists, the latest list governs

the writing may be made before or after incorporating it into the will

No requirement for witnesses

Question 5

TATA

Answer 5

testamentary addition to trust act – Fla. Stat. § 732.513

This act modernizes trust and estate law by permitting “pour-over” provisions in wills. These commonly-used provisions merely add money or other property passing at death through probate to inter vivos trusts.

Question 6

Ejusdem generis

Answer 6

rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear.