Wills, Trusts, and Estates
Incorporation by Reference
An external writing may be incorporated as part of the will if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. UCC § 2-510.
- The external writing must be in existence at the time of the publication of the will.
- Republication by codicil can allow one to incorporate a newer memo.
- The will must manifest an intent to incorporate the writing.
- The will must describe the writing sufficiently to permit its identification.