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Simple English definitions for legal terms
doctrine of incorporation by reference
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A quick definition of doctrine of incorporation by reference:
The doctrine of incorporation by reference is a legal rule that allows papers that were not present when a will was made to be considered part of the will. This means that if a person wants to include a document in their will that was not signed at the same time as the will, they can do so by clearly stating their intention to include it and identifying the document with enough detail. This rule helps ensure that a person's wishes are carried out even if they forgot to include something in their will initially.
A more thorough explanation:
The doctrine of incorporation by reference is a legal concept that applies to wills. It means that papers that were not present when the will was created can still be considered part of the will if they are incorporated by reference.
For example, if someone creates a will and later writes a letter that they want to be included in the will, they can do so by incorporating the letter by reference. This means that the will must clearly indicate that the letter is part of the will and identify the letter with reasonable certainty.
The doctrine of incorporation by reference is important because it allows people to include additional information in their wills without having to create a new document. However, it is important to follow the rules and guidelines for incorporation by reference to ensure that the will is legally valid.