Incorporation by reference: existing documents may form part of a will only if clearly identified and shown to exist. The principle of incorporation by reference requires that a document referred to in another instrument be clearly identified and shown to have been in ... Summary
Incorporation by reference: existing documents may form part of a will only if clearly identified and shown to exist.
The principle of incorporation by reference requires that a document referred to in another instrument be clearly identified and shown to have been in existence when the referring instrument was executed; extrinsic evidence may assist identification but certainty and the onus of proving identity and existence rest on the party seeking admission, and documents intended to come into existence later cannot be incorporated.
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