Will Interpretation

Question 1

What is incorporation by reference?

Answer 1

An unattested document may be incorporated into the will if:
1. the writing was in existence at the time of the execution of the will
2. the language of the will manifests this intent
3. the will describes the writing sufficiently to permit its identification

Question 2

What are facts of independent significance?

Answer 2

A will may provide for the designation of a beneficiary or the amount of a disposition by reference to some future unattested act occurring after the execution of the will

Question 3

When may a personal property list be admissible?

Answer 3

Under the UPC, a testator can write a list disposing of personal property (NOT cash) if the writing describes the beneficiaries and property with reasonable certainty

Question 4

What is effect of a valid personal property list?

Answer 4

The writing disposes of the property even if it’s not properly attested

Question 5

Can a personal property list written after a will is executed be valid?

Answer 5

Yes, the writing can be created after the will is executed

Question 6

May testators make dispositions to inter vivos trusts in will?

Answer 6

Yes, testators can make a gift to a trust in existence at the time of their death, even if the trust was created after the will was executed