Components of a Will

Question 1

Integration of pages

Answer 1

presumption that pages were present and intended

Can be provided by testimony or other extrinsic evidence

Question 2

Codicil

Answer 2

must be executed

Any additions, alterations, interlineation, or deletion is ineffective unless the will was reexectuted

Question 3

Incorporation by reference

Answer 3

Document may be incorporated by reference if: 1) it is in existence at the time of the execution; 2) it is sufficiently described in the will; 3) the will manifests and intent to incorporate

Language of will must refer to the document

UPC- exception to the requirement that the document must exist at execution

Question 4

Act of independent significance

Answer 4

Will may dipose of property even though the act is in the future

As long as the act has significance apart from the will and is not solely for the purpose of disposing of property

Question 5

Non probate assets

Answer 5

Will can’t make a gift of a nonprobate asset: life insurance; property passing by right of survivorship; and property held in trust