Flashcards in Incorporation by Reference: Facts of Independent Significance Deck (4)
What is required to incorporate an extrinsic document by reference?
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.
Can T make a list of items he intends to bequest which is then attached as extrinsic documentation?
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:
2. Real estate; or
What is the doctrine of independent significance?
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.