Composition

Question 1

Integration

Answer 1

• issue when the will is written on more than one piece of paper
• GR: papers present at time of execution of will that T intended to constitute the will - intent is shown by physical or logical connection

Question 2

Codicil

Answer 2

• amendments to will (not a total replacement)
• requires same formalities
• re-publication: will is deemed RE-PUBLISHED on date of codicil

*Note: if there is a codicil, then REVOCATION is an issue

Question 3

Extrinsic Documents: Incorporation by Reference

Answer 3

Will refers to documents outside will (note: cannot refer to document to be written in the future)

Elements:

• writing in existence at time will executed
• will must refer to and show intent to incorporate
• identifiable: will must describe sufficiently

*Note: holographic wills can incorporate non-handwritten material by reference

Question 4

Extrinsic Documents: Acts of Independent Legal Significance

Answer 4

• Acts or documents which have significance apart from their significance to the will, therefore not solely to avoid the requirements of writing a will
• This doctrine is an issue when the will refers to documents that cannot be incorporated by reference (e.g. not yet in existence). It allows T to change disposition of property without having to execute codicils, but only under limited circumstances

Question 5

Acts of Independent Legal Significance: Examples

Answer 5

“My AB stock according to my Wife’s will”
-will take effect
“My last employees”
-will take effect
“Contents of a safety deposit box”
-okay as long as those contents’ significance is apparent without reference to the will
-e.g. envelopes containing property with name on it, will take effect
-but a sheet of paper simply listing names, will NOT take effect (because it cannot be interpreted without the will)