Will Creation

Question 1

Integration

Answer 1

Under the doctrine of integration, the will consists of all pages that are present at the time of execution and that are intended to form part of the will, which can be shown by physical connection of the pages (stapled or paper clipped together) or by the ongoing nature of the language of the will (pages are not attached, but page numbers indicate that the pages follow each other).

Question 2

Incorporation by Reference

Answer 2

A writing not executed with testamentary formalities may be incorporated by reference if it:

i) existed at the time the will was executed, (CA: the writing need not exist at the time will was executed if it only disposes of T’s personal property).
ii) is intended to be incorporated, and
iii) described in the will or codicil with sufficient certainty

A validly executed codicil can incorporate an invalid will and make the terms of the will valid.