[WSBAPT] Incorporation by Reference

Wed Jul 3 11:32:36 PDT 2019

I read the Estate of Little case with interest, and my reading of it
indicates that the list must be in existence at the time the will is
executed.  If it is created or altered later, would that not fall outside
the statute?  (Of course the statute allowing for a tangible personal
property list states that such a list may be created or amended at any
time.)

Based on that case law, I would NOT allow my client to do this unless (1) I
see the list on or before the date the will is executed; and (2) I believe
the client understands the list cannot be amended later without execution of
a new will or codicil.

Best,

Sara

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Donna Calf Robe
Sent: Wednesday, July 3, 2019 10:33 AM
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Subject: Re: [WSBAPT] Incorporation by Reference

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

Donna

Donna M. Calf Robe

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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
Attorney-at-Law

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