Wills — Components of a Will

Question 1

4 Doctrines for Addressing Matters Outside of the Will

Answer 1

1. Integration;
2. Republication by Codicil;
3. Incorporation by Reference; and
4. Acts of Independent Significance

Question 2

Integration

Answer 2

This doctrine states that all paper that is present at the time of execution and is intended to be part of the will is treated as part of the will.

Whether the documents are integrated depends on if it is clear that the testator intended for there to be multiple pages.

Question 3

Republication by Codicil

Answer 3

Allows incorporating by reference documents that were in existence after the will was originally executed but before the codicil. So you use the codicil to republish the will, for the purpose of incorporating by reference documents that existed after the original will was executed.

Question 4

Incorporation by Reference

Answer 4

A will (or codicil) may adopt something else (by reference) if:

1. it is a writing;
2. it was in existence when the will was executed;
3. the will sufficiently describes it; and
4. the will has language demonstrating an intent to incorporate it.

Question 5

Act of Independent Significance

Answer 5

A testator may dispose of a property based on an act requirement. In order for this act to be valid, however, it must be an act that was performed for independent purposes — not for the purpose of receiving the property.

Question 6

List of Tangible Personal Property

Answer 6

A will may dispose of property based on what it is stated within a list of tangible personal property so long as the will sufficiently refers to the list.

The List may be created after the will is executed.

The items need to be described with reasonable certainty.

Under the UPC: the List must be signed by the testator

In CA: the list may be signed or handwritten by the testator, BUT it must be DATED.

However, dispositions on the list such as MONEY, REAL PROPERTY, MOBILE HOME and SECURITIES is invalid. IT NEEDS TO BE TANGIBLE PERSONAL PROPERTY.