The provisions of a Will are normally contained in one properly executed document and if changes or additions are to be made to the Will then this should be done by codicil or the execution of a new Will but an unexecuted document can be incorporated into a Will at the time it is written.
If a document is validly incorporated into a Will it becomes part of it and is admitted to probate despite the fact that the document itself does not comply with s.9 of the Wills Act.
In order for a document to be incorporated in this way certain conditions must be satisfied. Firstly, the document must be clearly identified in the Will itself. Secondly, the document must be in existence at the date of the Will and finally, but most importantly, the document must be described in the Will as already being in existence.
For example, if the Will states “I leave £10 to each of the people named in the list now to be found in my safe” the third condition will be satisfied. If however the Will had said “I leave £10 to each of the people named in the list which a will write before my death” the condition is not satisfied.
Incorporation of documents should be avoided wherever possible because of the danger of failing to satisfy the conditions or the loss of documents before death.
