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 Treat written material that is not physically part of the text of the will text as being in the will.  A “legal fiction” (pretending).

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Presentation on theme: " Treat written material that is not physically part of the text of the will text as being in the will.  A “legal fiction” (pretending)."— Presentation transcript:

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2  Treat written material that is not physically part of the text of the will text as being in the will.  A “legal fiction” (pretending).

3  1. Testator must intend to incorporate.

4  2. Incorporated writing must be in existence when testator executes the will.

5  3. Incorporated writing must be reasonably identified.

6  1. Validity of incorporated writing irrelevant.  Allday v. Cage – p. 219

7  2. Codicil incorporates will (basis of republication)

8 What result if:  a. Valid will + Valid codicil

9  2. Codicil incorporates will (basis of republication) What result if:  b. Valid will + Invalid codicil

10  2. Codicil incorporates will (basis of republication) What result if:  c. Invalid will + Valid attested codicil

11  2. Codicil incorporates will (basis of republication) What result if:  d. Invalid attested will + Valid holographic codicil Hinson v. Hinson – p. 221

12  2. Codicil incorporates will (basis of republication) What result if:  e. Invalid holographic will + Valid holographic codicil


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