III. Incorporation by reference: Facts of independent significance

Question 1

I. Incorporation by Reference

Answer 1

(1) To incorporate an extrinsic doc by reference:
① Writing must be in existence at the time the will itself was executed;
② Will must manifest an intent to incorporate the doc; AND
③ Will must describe the writing sufficiently to permit its identification
(2) Where they are recognized, holographs can incorporate non-handwritten material by reference
(3) Statutory exception (UPC & many states): Will may refer to written statement OR list that disposes of tangible personal property (other than $ / bonds / stocks / real estate) NOT specifically disposed of by the will
① Written list must be signed by T & must describe the property w/ reasonable certainty
② May be written before/after the will was executed
③ May be altered at any time
II. Doctrine of Independent Significance: Acts having an independent life-time motive may impact on the will as well