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Incorporation by Reference

Learn about the concept of incorporation by reference in wills, treating external written material as part of the will. Explore the requirements, issues of validity, and scenarios involving wills and codicils.

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Incorporation by Reference

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  1. Incorporation by Reference

  2. Basic Idea • Treat written material that is not physically part of the text of the will text as being in the will. • A “legal fiction” (pretending).

  3. Requirements • 1. Testator must intend to incorporate.

  4. Requirements • 2. Incorporated writing must be in existence when testator executes the will.

  5. Requirements • 3. Incorporated writing must be reasonably identified.

  6. Issues • 1. Validity of incorporated writing irrelevant. • Allday v. Cage – p. 219

  7. Issues • 2. Codicil incorporates will (basis of republication)

  8. Issues • 2. Codicil incorporates will (basis of republication) What result if: • a. Valid will + Valid codicil

  9. Issues • 2. Codicil incorporates will (basis of republication) What result if: • b. Valid will + Invalid codicil

  10. Issues • 2. Codicil incorporates will (basis of republication) What result if: • c. Invalid will + Valid attested codicil

  11. Issues • 2. Codicil incorporates will (basis of republication) What result if: • d. Invalid attested will + Valid holographic codicil Hinson v. Hinson – p. 221

  12. Issues • 2. Codicil incorporates will (basis of republication) What result if: • e. Invalid holographic will + Valid holographic codicil

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