Incorporation by reference
Categories: Law stubs | Wills and trusts
Part of the common law series
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| Inheritance |
| Intestacy · Testator · Probate |
| Power of appointment |
| Simultaneous death · Slayer rule |
| Disclaimer of interest |
| Types of will |
| Holographic will · Will contract |
| Living will |
| Joint wills and mutual wills |
| Parts of a will |
| Codicil · Attestation clause |
| Incorporation by reference |
| Residuary clause |
| Problems of property disposition |
| Lapse and anti-lapse |
| Ademption · Abatement |
| Acts of independent significance |
| Elective share · Pretermitted heir |
| Contesting a will |
| Testamentary capacity · Undue influence |
| Types of Trusts |
| Express trust · Asset-protection trust |
| Protective trust · Spendthrift trust |
| Charitable trust · Honorary trust |
| Resulting trust · Constructive trust |
| Special Needs trust |
| Doctrines governing trusts |
| Pour-over will · Cy pres doctrine |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Criminal law · Evidence |
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Incorporation by reference is a doctrine of the common law of wills by which a person may state in his will that certain property is to be disposed of by a separate document, describing the place where the document will be found. Three requirements must generally be met in order for such a document to be given effect:
- It must have existed at the time the will was executed
- The will must describe the document with particularity, so that it may be identified
- The will must clearly manifest the intent that the document be incorporated
An exception to the first requirement is made for small gifts of tangible personal property, such as household furniture and items of sentimental value.
Oral instructions can not be used as incorporation by reference. If the testator writes in the will, that she has recited to a friend the intended disposition of her property, that attempt to circumvent the requirements of a written will is void.