What does the will consist of?

Question 1

What Does the Will Consist of?

Approach

Answer 1

1) Integration
2) Codicil
3) Incorporation by Reference
4) Independent Significance

Question 2

Integration

Answer 2

Integration is the act of bringing together all papers or writings that (1) T intended to be part of the will, and (2) were actually present at the time of execution.
(must establish physical or logical connection among the pages)

Question 3

Codicil

Answer 3

is a testamentary instrument executed subsequent to the execution of a will that is intended to modify, revoke, or republish an existing will. A codicil must use the same formalities (formal or holographic) and republishes a will from the date of the codicil.

Question 4

Incorporation by Reference

Answer 4

A document is incorporated into a will by reference so that it is considered part of the will if it can be shown that (1) T intended to incorporate the document, (2) it was in existence when the will is executed, and (3) it is clearly identified in the will.
(Most states allow holographs to incorporate defectively executed typewritten wills)

Question 5

Acts of Independent Significance

Answer 5

A court may fill in “blanks” in a will by reference to an act (fact or event) which has significance apart from its significance to the will (I.e., non- testamentary motives).

Question 6

Pour-Over Will

Answer 6

A pour-over provision provides for the transference of T’s estate through devise to the trustee of an inter vivos trust (as amended) upon the death of T. (Trust /s/ before or concurrently)