Incorporation by Reference (West's Encyclopedia of American Law)
The method of making one document of any kind become a part of another separate document by alluding to the former in the latter and declaring that the former shall be taken and considered as a part of the latter the same as if it were completely set out therein.
It is common drafting practice to incorporate by reference an existing writing into a PLEADING, contract, or other legal document in order to save space. The incorporating document, rather than copying the exact words of the existing document, describes it, and a photo-copy is often attached to the incorporating document. This standard practice, however, encounters difficulty with the requirements prescribed by law for a will. If the will is a holograph document disposing of property that is written with one's own hand and not witnessedhe attachment might not be in the handwriting of the deceased and, therefore, invalid. If the will is formal, an attachment might violate the requirement that the testator (one who makes a will) or the witnesses sub-scribe (sign at the end of the will) the attachment. If subscription is not required, the incorporated document raises the question whether the testator has declared it to be a part of the will if it was not present at the time the will was signed.
The document that is incorporated is usually not treated as a part of the will...
(The entire section is 467 words.)
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