[WSBAPT] Incorporation by Reference

[Donna Calf Robe]

Heather,
A similar issue was addressed in the recent case below.  But I'd be hesitant to do it.


Jun. 24, 2019 - 78082-4 - In Re The Estate Of Constance E. Little; Roxanne Trees, Res. V. Renae Roberson, App.

http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=780824MAJ


Donna

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, July 3, 2019 10:18 AM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com>; KCBA Real Property, Probate and Trust Law Discussion List <realpropertyprobatetrustlaw at lists.kcba.org>
Subject: [WSBAPT] Incorporation by Reference

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
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