[WSBAPT] Incorporation by Reference

Heather de Vrieze heatherd at westseattlelaw.com
Wed Jul 3 10:18:29 PDT 2019


Clients request the darndest things. "Just make up my Will without naming beneficiaries and have it say that I will leave my executor a list of beneficiaries. I want to be able to change that list anytime."

In Wills it is clear that we can incorporate by reference any document existing at the time of making the Will by sufficient reference to the document in the Will. I would not attempt to have the Will incorporate a possible later created document, except as it relates to tangible personal property disposition.

Is there any reason to believe that such incorporation by reference of a later created document be OK in a Trust?

Any cites?

Heather

Heather S. de Vrieze
Attorney-at-Law
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