Incorporation by reference
Incorporation by reference is a doctrine of the
common law of
wills 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:It must have existed at the time the will was executedThe will must describe the document with particularity, so that it may be identifiedThe 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.
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INCORPORATE BY REFERENCE
such as a letter - in court papers or a contract without actually retyping it is called incorporating by reference. This is done by attaching the document to the back of the court papers or contract and referring to it with convoluted language such as, 'the letter is attached to this document as Exhibit A and incorporated by reference as if fully set out within this document.'
Incorporating by reference is also used in complaints, answers and other filings to avoid repeating facts and allegations previously stated.