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Wills • Components of a Will
WILLS#029
Legal Definition
A will consists of all the papers or writings actually present at the time of the execution and that the testator intended to constitute their will. Intent and presence is presumed when the papers are physically connected or there is an internal sense of connections shown by the provisions running from one page to the next. These elements may be shown by extrinsic evidence.
Plain English Explanation
As you may have covered in Contracts, the word "integration" is used to describe the bringing together of separate elements to create a whole unit. In other words, it tells the court, "These different pages all belong together and represent the whole, final document."
Wills are usually more than a single page and, on the very last page, is where the testator and witnesses sign. So how does a court know that all the other, non-signed pages belong together?
The most obvious way that courts figure this out is when the pages are physically connected. In other words, if the pages of a will are all stapled together, then its pretty safe to believe they all belong together and are all part of the same will.
But what if, instead of a staple, a testator uses a paperclip that falls off, or just doesn't bother physically connecting the pages at all? How can courts be sure that the final will they review in probate is the exact will that was attested? How can they be sure that a page didn't go missing, or another page wasn't slipped in? Here, they will look for an internal sense of connections.
One example of an internal sense of connections would be page numbers. If a will is 10 pages and has page numbers, then it makes it easy to see if a page is missing, or if it has been added. Another way is to look at the context of the words that flow from page to page. For example, if you were to look at the end of page 3, it should likely flow into the beginning of page 4.
Wills are usually more than a single page and, on the very last page, is where the testator and witnesses sign. So how does a court know that all the other, non-signed pages belong together?
The most obvious way that courts figure this out is when the pages are physically connected. In other words, if the pages of a will are all stapled together, then its pretty safe to believe they all belong together and are all part of the same will.
But what if, instead of a staple, a testator uses a paperclip that falls off, or just doesn't bother physically connecting the pages at all? How can courts be sure that the final will they review in probate is the exact will that was attested? How can they be sure that a page didn't go missing, or another page wasn't slipped in? Here, they will look for an internal sense of connections.
One example of an internal sense of connections would be page numbers. If a will is 10 pages and has page numbers, then it makes it easy to see if a page is missing, or if it has been added. Another way is to look at the context of the words that flow from page to page. For example, if you were to look at the end of page 3, it should likely flow into the beginning of page 4.
Hypothetical
Hypo 1: Sam writes a will on two sheets of paper. The first sheet ends mid-sentence, and the second starts exactly where the first left off. After Sam passes away, Bob, a relative, argues that only the first sheet should be considered as Sam's will. Result: The rule of Integration applies here because the two sheets are clearly connected by the text flowing from one to the other. Both sheets would be considered part of Sam's will.
Hypo 2: Sam writes a will but forgets to staple the two pages together. One page is found in his desk drawer, and the other in a folder. Bob claims that only the page in the desk drawer is valid. Result: If it can be shown that Sam intended both pages to be part of his will, maybe through matching content or a continuous flow of ideas, then both would be integrated into the will despite not being physically connected.
Hypo 3: Bob finds two separate papers in Sam's office. One is a will, and the other is a grocery list. Bob insists that the grocery list is part of the will because it was in the same drawer. Result: The rule of Integration would not apply here. The grocery list and the will are not connected either physically or in content, and there is no evidence that Sam intended the grocery list to be part of his will.
Hypo 4: Sam attaches a photograph to his will with a paper clip. The photograph is mentioned in the will as a reference. Bob argues the photo is not part of the will. Result: Since the photograph is referenced in the will and physically connected to it, it would likely be considered part of the will under the Integration rule.
Hypo 5: Sam writes a will and a separate letter to Bob containing personal messages. The letter is found in a different location and makes no reference to the will. Result: Here, the Integration rule would not apply. The personal letter, being separate and unrelated to the will, would not be considered part of it.
Hypo 2: Sam writes a will but forgets to staple the two pages together. One page is found in his desk drawer, and the other in a folder. Bob claims that only the page in the desk drawer is valid. Result: If it can be shown that Sam intended both pages to be part of his will, maybe through matching content or a continuous flow of ideas, then both would be integrated into the will despite not being physically connected.
Hypo 3: Bob finds two separate papers in Sam's office. One is a will, and the other is a grocery list. Bob insists that the grocery list is part of the will because it was in the same drawer. Result: The rule of Integration would not apply here. The grocery list and the will are not connected either physically or in content, and there is no evidence that Sam intended the grocery list to be part of his will.
Hypo 4: Sam attaches a photograph to his will with a paper clip. The photograph is mentioned in the will as a reference. Bob argues the photo is not part of the will. Result: Since the photograph is referenced in the will and physically connected to it, it would likely be considered part of the will under the Integration rule.
Hypo 5: Sam writes a will and a separate letter to Bob containing personal messages. The letter is found in a different location and makes no reference to the will. Result: Here, the Integration rule would not apply. The personal letter, being separate and unrelated to the will, would not be considered part of it.
Visual Aids
Related Concepts
In California, what is the exception to the requirement that an incorporation by reference need be a writing in existence as of the date of executing the will?
What does incorporation by reference require?
What is a codicil?
What is a pour-over will and how is it validated?
What is the doctrine of Acts of Independent Significance?
