Incorporation by reference

The law of wills and trusts
Part of the common law series
Inheritance
Intestacy  · Testator  · Probate
Power of appointment
Simultaneous death  · Slayer rule
Disclaimer of interest
Types of will
Holographic will  · Will contract
Living will
Joint wills and mutual wills
Parts of a will
Codicil  · Attestation clause
Incorporation by reference
Residuary clause
Problems of property disposition
Lapse and anti-lapse
Ademption  · Abatement
Acts of independent significance
Elective share  · Pretermitted heir
Contesting a will
Testamentary capacity  · Undue influence
Types of Trusts
Express trust  · Asset-protection trust
Protective trust  · Spendthrift trust
Charitable trust  · Honorary trust
Resulting trust  · Constructive trust
Special Needs trust
Doctrines governing trusts
Pour-over will  · Cy pres doctrine
Other areas of the common law
Contract law  · Tort law  · Property law
Criminal law  · Evidence

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:

1. It must have existed at the time the will was executed
2. The will must describe the document with particularity, so that it may be identified
3. 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.