Also known as: incorporation by reference · incorporate by reference · incorporates by reference · incorporating by reference · IBR
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine permitting one writing to become part of another by explicit reference in the primary document. The referenced writing must have existed when the primary document was executed and must be described with sufficient particularity to allow identification.
Isaac Irving executed a will that left a sum of money to the person named in a letter found among his papers. The letter existed on the date the will was signed and described the intended recipient with enough detail for the executor to locate it. The letter therefore became part of the will and controlled distribution of the bequest.
Idina Iverson's will directed that her residuary estate pour into a trust whose terms appeared in a separate instrument signed the same day. The will expressly identified the trust document by date and parties. The trust terms therefore governed distribution of the residue.
Select any source to read its text and confirm it supports the definition.
Ivy Ibarra executed a will that added her probate assets to an existing revocable trust created years earlier. The will identified the trust by its name and execution date. The pour-over provision therefore transferred the assets into the trust according to its terms.
Ingrid Innes sued on a written agreement and attached the contract to the complaint. The complaint referred to the attached document as the operative agreement between the parties. The court treated the contract as part of the pleading for purposes of the motion to dismiss.
Iris Irons contracted to purchase frozen chicken and the agreement specified government-inspected Grade A product. The contract language referred to federal grading regulations without reprinting them. The regulations therefore supplied the meaning of the quality term.
Igor Ito filed a multi-count complaint in which the second count expressly adopted the factual allegations set out in the first count. The shared facts therefore applied to both claims without repetition.
The writing must exist when the will is executed. The will must manifest an intent to incorporate the writing. The writing must be identified with reasonable certainty.
Supporting sources
No. Only a writing already in existence at execution may be incorporated. A later writing may be given effect through other doctrines such as independent significance or statutory authority.
Supporting sources
No. The doctrine requires only that the primary document identify the referenced writing with sufficient particularity. Physical attachment is not necessary.
Supporting sources
…called not simply for chicken but for “US Fresh Frozen Chicken, Grade A, Government Inspected.” It says the contract thereby incorporated by reference the Department of Agriculture’s regulations, which favor its interpretation; I shall return to this after reviewing plaintiff’s other contentions. The first hinges on an exchange of…