Also known as: incorporate by reference · incorporated by reference · incorporating by reference · incorporation-by-reference
Written by attorneys · grounded in primary & secondary sources — see below
An evidentiary doctrine permitting a primary document to include the contents of a secondary writing by explicit reference. The secondary writing must have existed when the primary document was executed. The primary document must manifest an intent to incorporate the writing. The secondary writing must be identified with reasonable certainty.
Malik executed a formal will leaving film residuals to persons listed in his royalty instructions memo. The memo existed months earlier and matched the will's description exactly. The court treats the memo as part of the will because the will manifested intent and identified the memo with reasonable certainty.
Eli's will directed division of equipment and grain as indicated in his harvest notebook. The single ledger bearing that title already existed at execution. The notebook controls distribution because the will manifested intent and described the writing sufficiently for identification.
Select any source to read its text and confirm it supports the definition.
Daniel's will poured rental properties into a schedule attached to his estate planning binder. The schedule existed at execution and was the only document matching the will's description. The pour-over devise is validated by incorporation by reference.
Helen Nesmith's will directed tangible property to persons designated in a memorandum known to her executor. The memorandum existed at execution and was identified with reasonable certainty. The memorandum receives effect as part of the will.
A primary contract explicitly refers to and adopts the terms of an attached secondary schedule that existed at signing. The schedule is identified with reasonable certainty. The schedule's provisions become part of the primary contract.
A statute expressly incorporates by reference an enforcement provision from another statute. The referenced provision existed when the incorporating statute was enacted. The incorporated provision supplies the enforcement mechanism.
The writing must exist when the will is executed. The will must manifest an intent to incorporate the writing. The will must identify the writing with reasonable certainty.
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Yes. The memo need not satisfy will formalities. It must merely exist at execution, be referenced with intent, and be identified with reasonable certainty.
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Physical attachment is not required. The will's language must still manifest intent and identify the writing with reasonable certainty even if the writing is not attached.
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No. Only writings in existence at execution qualify. Later writings may be validated by other doctrines such as independent significance or statutory authority.
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A pour-over devise may be validated by incorporation by reference when the will identifies an existing inter vivos trust instrument with reasonable certainty and manifests intent to incorporate its terms.
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…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…