Incorporation by reference allows provisions for a beneficiary by reference to which?

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Multiple Choice

Incorporation by reference allows provisions for a beneficiary by reference to which?

Incorporation by reference allows the will to include terms from an outside writing that isn’t physically attached, as long as that document exists at the time the will is executed and the will clearly identifies it and shows an intent to incorporate. Crucially, the external writing does not need to be attested; an unattested writing can be incorporated if these conditions are met. That’s why provisions for a beneficiary can be drawn from an unattested document that the testator referred to. A living beneficiary’s prior agreement, a separate will, or a codicil don’t fit this mechanism because they involve either a contract with a person, a separate testamentary instrument, or a modification that isn’t simply incorporated by reference into the will.

Incorporation by reference allows the will to include terms from an outside writing that isn’t physically attached, as long as that document exists at the time the will is executed and the will clearly identifies it and shows an intent to incorporate. Crucially, the external writing does not need to be attested; an unattested writing can be incorporated if these conditions are met. That’s why provisions for a beneficiary can be drawn from an unattested document that the testator referred to.

A living beneficiary’s prior agreement, a separate will, or a codicil don’t fit this mechanism because they involve either a contract with a person, a separate testamentary instrument, or a modification that isn’t simply incorporated by reference into the will.

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