Legal definition of incorporate by reference
Car Accidents Legal Terminology

incorporate by reference

A doctrine of the common law, by which a person may state in his will that certain property is to be disposed of by a separate document, describing the place where the document will be found.

Three requirements must generally be met in order for such a document to be given effect:

1.It must have existed at the time the will was executed.
2.The will must describe the document with particularity, so that it may be identified.
3.The will must clearly manifest the intent that the document be incorporated.

An exception to the first requirement is made for small gifts of tangible personal property, such as household furniture and items of sentimental value.

Oral instructions can not be used as incorporation by reference. If the testator writes in the will that she has recited to a friend the intended disposition of her property, that attempt to circumvent the requirements of a written will is void.

Incorporating by reference is also used in complaints, answers and other litigation documents to avoid repeating facts and allegations previously stated.
Find a legal term by clicking on the first letter of a legal word or phrase:
Book of the Day in our Store
Share it on TwitterFacebook
Principles and Practice in EU Sports Law (Oxford European Union Law Library)Principles and Practice in EU Sports Law (Oxford European Union Law Library)
by Stephen Weatherill
  • List Price: $98.00
  • Price: $96.74
  • You Save: $1.26 (1%)
from $92.17
Representing the Professional Athlete (Coursebook)Representing the Professional Athlete (Coursebook)
by Peter Carfagna
  • Price: $41.00
from $37.20
Steven M CrellAttorney at LawPRACTICE AREA: Personal Injury, Real Estate Law, Tax Law, Business Law, Sports Law, Animal Law, Industrial Development Law
Gregory A YatesAttorney at LawPRACTICE AREA: Personal Injury, Consumer Protection, Animal Law
Richard A HartingAttorney at LawPRACTICE AREA: Personal Injury, Professional Malpractice, Real Estate Law, Criminal Defense, Alternate Dispute Resolution, Trusts & Estate Planning, Animal Law, Workers Compensation
Utica Observer DispatchIn 2014, there were 340 deaths and about 47,000 injuries suffered in car accidents among children younger than 5, according to a news release. The National Highway Traffic Safety Administration estimates that among children ages 4 and younger, 1,329 ... more »
WWLAccording to Louisiana State Police, Carmen Valle, age 39, of Galliano and her two children, 5-year-old son Christopher and 4-year-old daughter Valeria were all unrestrained during the crash that claimed their lives. Initial reports reveal that Valle ... more »
Digital JournalThose using seatbelts are less likely to be killed in vehicle accidents. Though seatbelt usage has increased over the years, there are still too many of us who can't be bothered to use them. Thirty-four states, including Florida, allow law enforcement ... more »
It's a free online legal dictionary search engine for definitions of legal terminology and legal words, legal abbreviations, and legal jargon you may meet when reading legal acts, law books, documents, legal forms and other legal content