Components of a Will

Question 1

Integration

Answer 1

Physical attachment, internal coherence of pages, or when the pages, read together, set out an orderly dispositional plan raises a presumption that they were present and intended to be part of the will when it was executed.

Proof of integration can also be provided by testimony or other extrinsic evidence.

Question 2

Codicil

Answer 2

Modifies a previously executed will and must itself be executed with the same formalities.

Under the doctrine of republication by codicil, a will is treated as having been executed on the date of the last codicil. This date may be important, e.g. for purposes of the pretermitted child statute, to determine whether a child was born after the will’s execution.

Question 3

Incorporation by reference

Answer 3

Allowed if:

1. It is in existence at the time of execution,
2. It is sufficiently described in the will, and
3. The will manifests an intent to incorporate the document.

An exception to the requirement that the document exist at execution permits a Florida testator to refer in her will to a list specifying the distribution of items of tangible personal property, and to write or alter that list later. Extrinsic evidence is admissible to identify the writing whose terms are to be incorporated by reference.

Question 4

Pour-over gift to inter vivos trust

Answer 4

Florida and most states have adopted the Uniform Testamentary Additions to Trusts Act (“UTATA”), which permits a testator to make a bequest or devise to a trustee (pour-over gift) notwithstanding the fact that the trust may be amended or revoked after execution of the will.

Question 5

Nonprobate assets cannot be disposed of by will

Answer 5

A will cannot make a gift of nonprobate assets, which include life insurance proceeds and similar death benefits, property passing by survivorship, and property held in trust. These pass according to the terms of the particular arrangement.