Also known as: incorporates by reference · incorporated by reference · incorporating by reference · incorporation by reference
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A doctrine permitting a separate writing in existence when a will is executed to be treated as part of the will. The will must manifest intent to incorporate the writing and must identify the writing with reasonable certainty.
A doctrine permitting a separate writing in existence when a will is executed to be treated as part of the will. The will must manifest intent to incorporate the writing and must identify the writing with reasonable certainty.
Select any source to read its text and confirm it supports the definition.
The practice of making the contents of one document part of another by explicit reference in the incorporating document.
Select any source to read its text and confirm it supports the definition.
The practice of making the contents of one document part of another by explicit reference in the incorporating document.
Each sense below has its own examples, sources, and questions.
Isaiah executed a will directing that his heavy machinery go according to his yard inventory notebook. The notebook existed at execution, listed specific items for Preston, and the will expressly pointed to it by name and purpose. Preston claims the equipment under the notebook terms.
Nathaniel's will poured brokerage securities into a trust identified by name and by reference to a 2018 term sheet he signed with Gemma. The term sheet existed before the will and fixed the trust beneficiaries and purposes. National Fiber claims the assets under the trust terms.
Kyle's will directed royalties into a scholarship fund whose terms appeared in a donor agreement he signed years earlier with the university. The agreement existed at will execution and contained detailed scholarship provisions. Dennis seeks the funds under the agreement terms.
A testator's will referred to a memorandum listing paintings and their intended recipients. The memorandum existed when the will was signed and was identified by date and title in the will. The court awards a disputed painting according to the memorandum.
The writing must exist when the will is executed. The will must manifest intent to incorporate the writing. The will must identify the writing with reasonable certainty.
Supporting sources
No. Only writings in existence at execution qualify. Later writings may be given effect under other doctrines such as independent significance or statutory pour-over provisions.
Supporting sources
Integration requires the additional writing to be physically present and intended as part of the will at execution. Incorporation by reference allows an external writing to be treated as part of the will even if not physically present, provided the three statutory or restatement requirements are met.
Supporting sources
A pour-over devise may be validated by incorporation by reference when the will refers to an existing trust instrument that meets the existence, intent, and identification requirements of the incorporation doctrine.
Supporting sources
A statute states that its enforcement provisions incorporate by reference the remedies of an earlier act. A plaintiff brings an age-discrimination claim and seeks the incorporated remedies from the referenced statute.
A state supreme court opinion resolves an interest-rate issue by expressly incorporating the analysis from an earlier decision in the same litigation. The parties later litigate the rate question under the incorporated reasoning.
Yes. Federal Rule of Criminal Procedure 7(c)(1) expressly permits one count to incorporate by reference an allegation made in another count.
Supporting sources
…235 Kan. 195, 221, 679 P. 2d 1159, 1180 (1984). Respondents contend that the trial court and the Supreme Court actually incorporated by reference the opinion in Shutts, Executor , 222 Kan. 527, 567 P. 2d 1292 (1977), where the court looked to the Texas and Oklahoma interest rate statutes and found them inapplicable. We do not think…