Incorporation by Reference

Incorporation by reference allows a will to include a separate document that was not part of the will itself, as long as the will clearly indicates the intent to include that document and describes it adequately. Additionally, a signed list created after the will can be used to distribute specific tangible personal property.

John writes a will that states he intends to incorporate a letter he wrote detailing his wishes for distributing his personal belongings. The will describes the letter and its contents sufficiently. After executing the will, John creates a signed list of his personal items, which he intends to distribute to friends. Both the letter and the list are validly incorporated into the will.

If it’s in the will's intent and described well, it can be part of the plan!

Exams may present scenarios where a document is referenced but not adequately described, leading students to mistakenly believe it is incorporated. Watch for vague descriptions that fail to meet the requirements.

Questions often test the clarity of intent and description in the incorporation process, requiring candidates to analyze whether the documents meet the necessary criteria for incorporation by reference.