Incorporating an Outside Document Into Your Will

Three Requirements for Incorporation by Reference

Sometimes a testator wants to reference an outside document in their will, such as a letter listing personal property distributions, a trust agreement, or a memorandum of wishes. Arizona law allows this through incorporation by reference, but only if three conditions are satisfied.

First, the document must already exist when the will is signed. You cannot incorporate a document you plan to write later. Second, the will itself must make clear that the testator intends the outside document to be part of the will. Vague references are not enough. Third, the will must describe the document with enough detail that someone reading the will can identify exactly which document is being referenced.

Where This Comes Up in Practice

The most common use of incorporation by reference is a personal property memorandum. This is a separate written list that specifies who should receive particular items of tangible personal property, such as jewelry, artwork, or family heirlooms. The will references this list, and as long as the list existed when the will was signed, it becomes part of the estate plan.

This approach has a practical advantage: the will itself does not need to be re-executed every time you want to change who gets a specific item. However, if you want to update the memorandum after the will is signed, that updated version must either be incorporated through a new will or codicil, or addressed through a separate statutory provision for tangible personal property lists under A.R.S. 14-2513.

Incorporation by reference also applies when a will references an existing trust agreement. For pour-over wills that direct assets into a living trust, this statutory framework ensures the trust document is properly connected to the will for probate purposes.