Incorporation by Reference into Will (Illinois)

By Matthew A. Quick In certain instances, it may be beneficial to incorporate a document into a Will, thus making the document part of the Will. In light of the holding in In Re Estate of Meskimen, 39 Ill 2d 415 (1968), to incorporate a document by reference into a Will, there are three (3) requirements: (i) the Will must refer to the document to be incorporated as being in existence at the time of the execution of the Will and the Will must reasonably identify the document in such a way as to show the intention of person who executed the Will (known as the “Testator” if male or “Testatrix” if female) to incorporate the document into the Will; (ii) the document must actually be in existence at the time of the execution of the Will; and (iii) the document must correspond to the description in the Will.