Probate Derby

Low cost , £725 fixed price , Derby probate service providing a high quality service .We also charge only £50 to prepare a will and are happy to visit you at home to take instructions on wills or probate.Ring o1332 518135 , email gary.dickie@btinternet.com

   Incorporation by reference

Documents satisfying certain conditions may be treated as forming part of the will even though they are unattested. Three conditions have to be satisfied.

Firstly the document must be in existence at the date of the will.

Secondly the document must be referred to in the will as being in existence at that date. It will not suffice that the document was actually in existence at the relevant time if the expression in the will refers to it as a future document, or could refer to a document not in existence at the date of the will. A provision in a will purporting to refer to a then existing document, but which cannot be found at the date of death, will be ineffective.

Thirdly the will must clearly identify the document.
When an existing document contains a power to make a future unwitnessed disposition, it may nevertheless be incorporated in a will. However, so far as that power is concerned, the incorporated document becomes invalid because when it is incorporated in the will, the will contains a provision not permitted by the law. This does not prevent all the other parts of the incorporated document from being valid and taking effect.
In exceptional cases the document need not be incorporated into the probate: notably if it would be unduly inconvenient to do so. The STEP Standard Provisions do not have to be incorporated into the probate. In practice, the doctrine is used in the case of bulky documents which would not be conveniently incorporated into a will. Letters of wishes (used to supplement flexible wills) have no binding force; nor do so-called precatory trusts. In neither case is the relevant document incorporated into the will.
Because the document generally forms part of the will, and it is admitted to probate, incorporation by reference is not an appropriate way of making secret dispositions.

We charge only £50 for preparing a will, and £600 for probate of an estate under £300k.

Get in touch with Derby Probate Lawyers by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

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