Wills - Integration of Wills

Question 1

Integration of documents usually arises when

Answer 1

pages or portions of a will become separated.

Question 2

A document will be integrated into the will if:

Answer 2

The testator intended the document to be part of the will; AND
The document was physically present at the time of the will’s execution.

Question 3

Incorporation by reference deals with

Answer 3

the incorporation of extrinsic documents into the will (rather than pages or portions of the original will).

Question 4

In most states, a document or writing may be incorporated into a will by reference if:

Answer 4

The testator intended to incorporate the document into the will;

The document was in existence at the time the will was executed;

AND

The document is sufficiently described in the will.

Question 5

A court may give effect to events that would change the disposition of a testator’s estate after the testator has executed his will IF

Answer 5

those events have significance apart from a change in the testator’s testamentary scheme.

Question 6

Devises to persons named in an unattested memorandum, not properly incorporated by reference, are

Answer 6

invalid on the basis that the memorandum has NO independent significance apart from the will (e.g., The will states, “I leave my diamond wedding ring to the person designated in a memorandum that I shall leave in my safety deposit box.”)