Wills - Reference to Acts and Events Outside the Will

Question 1

What is the incorporation by reference doctrine?

Answer 1

An extrinsic document, not present when the will was executed and thus not part of the duly executed will, can be incorporated by reference into the will…. IF

(1) Writing must be in existence when the will was executed.
(2) Will must manifest an intent to incorporate the writing.
(3) Will must describe the writing sufficiently to permit its identification.

Question 2

What is the statutory exception to the incorporation by reference rule?

Answer 2

Will may [must] refer to written statement or list that disposes of tangible personal property (other than money or intangible such as stocks) not specifically disposed of by the will.

Written list must either be in

(i) T’s handwriting, or
(ii) signed by T at the end

Must describe property with reasonable certainty.

The list can be written before or after the will is executed and alternated at any time.

Question 3

What is the “acts of independent significance doctrine – nontestamentary acts?

Answer 3

If someone grants a specific type of property and then upgrades (i.e. I give my car (originally a Civic now a Porsche), we try to fulfill the purpose of the gift.

Same result occurs for gift of “contents of my sea chest” except for title documents.