Incorporation by reference

All you want to know about Incorporation by reference


Wills, trusts and estates

Part of the common law series
Wills
Wills (legal history) Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will
Sections Attestation clause Residuary clause Incorporation by reference
Contest Testamentary capacity Undue influence Insane delusion · Fraud
Property disposition Lapse and anti-lapse Ademption · Abatement Acts of independent significance Elective share · Pretermitted heir
Trusts
Express · Constructive · Resulting
Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive
Other types Protective · Spendthrift Life insurance · Remainder Life interest · Reversionary interest Honorary · Asset-protection Special needs (Supplemental Needs)
Governing doctrines Pour-over will · Cy-près doctrine
Estate administration
Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Disclaimer of interest
Related topics
Living will (advance directives) Totten trust
Other common law areas
Contract · Tort · Property Criminal law · Evidence
v • d • e

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.