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
Emanuel Law Outlines: Wills, Trusts, and Estates Keyed to Dukeminier and SitkoffEmanuel Law Outlines: Wills, Trusts, and Estates Keyed to Dukeminier and Sitkoff
by Peter Wendel
  • List Price: $48.95
  • Price: $33.84
  • You Save: $15.11 (31%)
from $11.88
Texas Wills, Trusts, and EstatesTexas Wills, Trusts, and Estates
by Gerry W. Beyer
  • Price: $140.00
Sara J FinlayAttorney at LawPRACTICE AREA: Military Law & Military Benefits
John ConleyAttorney at LawPRACTICE AREA: Personal Injury, Family Law, Criminal Defense, Labor & Employment Law, Constitutional Law & Civil Rights, Military Law & Military Benefits
Jeremiah A DentonAttorney at LawPRACTICE AREA: Personal Injury, Professional Malpractice, Family Law, Criminal Defense, Animal Law, Aviation, Military Law & Military Benefits
Fox17Summer is almost here, which means Michigan families will traveling out-of-state on vacation and to visit family and friends. Unfortunately, some of these travelers will be involved in car accidents in another state, whether in their own vehicle or a ... more »
The HeraldExperts argue that rear-facing car seats can offer more head, neck and spine support in an accident than front-facing seats. South Carolina not only has caught up with conventional thinking with this new policy, it also has surpassed it. The state now ... more »
OregonLive.comA fatal car crash on Interstate 84 closed the eastbound lanes between Fairview Parkway and Northeast 238th Drive after the accident killed one person and sent two to the hospital with non-life-threatening injuries. Emergency responders were called just ... 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