Incorporations

Your last will and testament can go beyond what’s included in the original documents. Incorporation occurs when the will references other documents to be used for the purpose of dispersing property and assets, naming guardians, or excluding heirs.

Do you have questions about your will? Are you unsure whether it’s properly structured to protect your assets, as well as your family? If so, it may be time to give Walk-In Wills a call. Our licensed attorneys have experience in this and many other estate planning matters, including powers of attorney, probate, and revocable trusts. Incorporation can be a useful method to ensure your estate is handled in the correct manner after you’re gone.

How Will Integrity Is Determined

While it’s a relatively simple concept, will integrity is highly important. Will integrity refers to the complete will document and how it’s put together. In order for a will to be coherent, it must be presented in a reasonable order. When a will includes page numbers or is clipped together, will integrity is pretty straightforward.

However, when a will becomes unclipped from other pages or does not include page numbering, establishing will integrity can be a bit more difficult. In this case, the wording of the will is used to establish the proper order of pages. Because establishing will integrity can be challenging, will creators are urged to number their pages in a meaningful way in the event disputes ever arise.

Requirements for Incorporation by Reference

Wills can be rather broad in scope. For example, a will may reference a separate document to be used for estate planning purposes. This is known as incorporation by reference. For incorporation by reference to be considered valid, the following elements must be present:

There must be an obvious reference within the will to the incorporate document
The document must be identified and must be easily recognized as being the document referenced in the will
The document being referenced must have been in existence at the time the will was created

In some cases, the document being referred to in the will can have been created after the will was. However, the document must refer to tangible property in this case. Tangible property includes things like real estate or vehicles.

Frequently Asked Questions

1. What does “incorporation” mean in the context of Walk‑In Wills’ legal services?

Incorporation refers to including or referencing other legal documents in your will or estate plan so that those materials become part of the estate plan by reference. At Walk‑In Wills, our attorneys help you understand how to properly tie in these external documents so your estate plan holds together and your wishes are clear.

2. When might I need help with incorporation in my estate plan?

If you want your will to point to another written document — for example, a list of personal property distributions, instructions for guardians, or other supplemental papers — it needs to be done the right way. Walk‑In Wills can review your existing plan and explain how and when incorporation makes sense, helping you avoid technical issues later.

3. Why is professional legal guidance important for incorporation by reference?

There are specific legal requirements for a referenced document to be validly part of your estate plan, such as clearly identifying the item and ensuring it existed when the will was drafted. A small error can make the reference invalid. Walk‑In Wills’ attorneys guide you through those details so your plan works as you intended.

4. How much does it cost to incorporate documents into my estate plan?

The cost of incorporating documents into your estate plan depends on the complexity of your existing plan and the documents you want to reference. Walk-In Wills offers transparent pricing and can discuss fees during your consultation so you understand what’s involved before getting started.

5. How do I schedule a consultation with Walk-In Wills to discuss incorporation?

Contact Walk-In Wills directly to schedule a consultation. During your meeting, an attorney will review your estate plan, explain how incorporation by reference works, and help you determine if this approach fits your needs.

Estate Planning Assistance to Meet Your Needs

Here at Walk-In Wills, our attorneys are well-versed in many different estate planning areas. Along with assistance with less common topics, such as incorporation, we can also help you draft basic wills, create trusts, and make sure your healthcare decisions are honored.