Components of a Will

Question 1

Integration

Answer 1

Papers are integrated into the will if they were present at the time of execution of the will and the testator intended them to be part of the will, such as several writings connected by a sequence of thought, folded together, stapled or physically forming one document.

Question 2

Incorporation by reference

Answer 2

A writing outside the will may be incorporated by reference into the will if the writing existed at the time the will was executed and the will manifests the intent to incorporate it and sufficiently describes the writing so that it is identifiable.

Question 3

Special Rule for Limited Tangible Property

Answer 3

A writing, even if it cannot be incorporated by reference, may be admitted into probate when it disposes of limited personal property. It must be referenced in will, dated and either in T’s handwriting or signed by T; describes the items and beneficiaries; each item is worth not more than $5,000 and $25,000 total

Question 4

Tangible personal property does not include

Answer 4

real property, bank accounts, documents of title, securities, money that is common coin or currency, and property used in business

Question 5

Acts of independent legal significance

Answer 5

A will may dispose of property by reference to acts and events that have independent legal significance apart from their effect in the will.

Question 6

Codicil

Answer 6

An amendment to an existing will made by the testator to change, explain, or republish the will. It must meet the same formalities as a will or holographic will.

Question 7

Revocation of a codicil

Answer 7

leaves the will remaining valid, but revocation of a will revokes both the will and codicil

Question 8

Republication

Answer 8

A validly executed codicil operates as a republication of the will as of the date of the codicil

Question 9

Pour over Will

Answer 9

a will that identifies a trust created by the testator that he can use to “pour over” his probate assets into and thus avoiding going through probate if the assets are less than $100,000

Question 10

A pour over will is valid if:

Answer 10

1. The trust is identified in the will
2. The terms are set forth in an instrument other than the will, and
3. The trust was executed concurrently or before the will execution.

Question 11

Ways to prove integration

Answer 11

1. Establish a physical connection among all the papers.

2. Establish a logical connection between the papers.

Question 12

Elements of incorporation by reference

Answer 12

1. A document or writing;
2. The document or writing was in existence at the time the will was executed;
3. The document must clearly be identified in the will; and
4. Testator must have intended to incorporate the document into the will
   If you establish 1-3, #4 will typically be implied by the court.

Question 13

Uniform Testamentary Additions to Trusts Act (UTATA)

Answer 13

So long as you have a valid trust, which was in existence before the will was executed, or at the time of execution the pour-over provision is valid by statute.