Law of Wills, 2016A

Chapter Thirteen: Additional Doctrines Impacting Wills
13.1 Introduction
In Chapter Eleven, we examined the things that are necessary to validly execute a will. The
purpose of this chapter is to discuss doctrines that are relevant to the execution of wills. The first
two principles, integration and incorporation by reference, apply when someone wants the probate
court to treat an independent document as part of the will. The doctrine of republication by codicil
relates to the impact that a codicil can have on a will. The main way to dispose of property after
death is through the execution of a will. Courts tend to invalidate other methods persons attempt to
use to control the distribution of their probate property after they die. The doctrine of acts of
independent significant is used to show that the person had a nontestamentary motive, so his or her
wishes should be enforced.
13.2 Incorporation by Reference
The testator may want another document to be considered as a part of his or her will. Courts
can use the doctrine of incorporation by reference to carry out the testator’s intent. In order for a
doctrine to be incorporated into a will, the following three factors must be present: (1) the writing
must be in existence at the time the will is executed; (2) the will must describe the specific writing
and (3) the testator must manifest an intent that the writing be incorporated into the will.
§ 2-510. Incorporation by Reference
A writing in existence when a will is executed may be incorporated by reference if the language of
the will manifests this intent and describes the writing sufficiently to permit its identification.
13.2.1 In Existence
Cyfers v. Cyfers, 759 S.E.2d 475 (W. Va. 2014)
WORKMAN, Justice:
The Petitioners, Cathy Cyfers, Joseph Cyfers, and Megan Cyfers, APPEAL FROM A November 28,
2012, order entered by the circuit court of Kanawha County, West Virginia, granting summary
judgment in favor of the Respondents, Jack Cyfers, Helen Cyfers, Roger Cyfers, Dottie Cyfers and
Wayne Cyfers, who are beneficiaries under a Will.
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