Interpreting the Will

Question 1

Incorporation by reference doctrine

Answer 1

An unattested document may be incorporated into the will if:

(1) The writing was in existence at the time of execution of the will,
(2) The language of the will manifests this intent, AND
(3) Describes the writing sufficiently to permit its identification

Question 2

Facts of independent significance

Answer 2

A will may provide for the designation of a beneficiary or the amount of a disposition by reference to some future unattested act occurring after execution of the will

Question 3

Personal property lists

Answer 3

Under the UPC, testator can write a list disposing of personal property (not $) if the writing describes the beneficiaries and property with reasonable certainty

Question 4

Flexibility of personal property list

Answer 4

• The writing disposes of the property even if not properly attested
• The writing can be created after the will is executed

Question 5

Dispositions to inter vivos trust

Answer 5

Testator can make a gift to a trust in existence at the time of their death, even if the trust was created after the will was executed