Incorporation by Reference: Facts of Independent Significance

Question 1

What is required to incorporate an extrinsic document by reference?

Answer 1

1. Writing must be in existence at time will was executed;
2. Will must manifest an intention to incorporate the document;
3. Will must describe the writing sufficiently to permit its identification.

Question 2

Can T make a list of items he intends to bequest which is then attached as extrinsic documentation?

Answer 2

A will may refer to written statement or list that disposes of tangible personal property (other than money) not specifically disposed of by the will. The written list must be singed by T and must describe the property with reasonable certainty. May be written before or after will is executed and may be altered at any time. 
However, it cannot include: 
1. Stocks/bonds; 
2. Real estate; or 
3. money.

Question 3

What is the doctrine of independent significance?

Answer 3

The doctrine that the fact a change in someones life has an incidental effect on that persons will will not alter or void the will because the acts have an independent lifetime motive.

Question 4

Hypo: I devise the automobile that I own at my death to my nephew, Ned. I give teh sum of $1,000 to each person who is in my employ at death.” Three months after the will executed T trades his Volkswagen in on a new Cadillac; the effect is to incrase the value of the gift to Ned from $1,000 to $9,000. Six month after that T fires to two longtime employees and hires three new ones. Then T dies. What is the effect of these events on T’s will.

Answer 4

No effect. Everything still stands because of the doctrine of independent significance. T did not do these things to effect the will, simply he did it because it was in the best interest for his own life. Therefore, all parts of the will remain the same. Ned gets the Caddy, the three new employees get $1,000 and the two old ones get zilch.