What Is Incorporation by Reference in a Florida Will?

The timing rule is the key limit. The statute applies to a writing in existence when the will is executed. A document prepared after the will is signed does not meet that condition, so it cannot be brought into the will under this rule.

The description matters too. The will must manifest the intent to incorporate the writing and describe it sufficiently to permit its identification.

A related rule covers acts and events with independent significance. A will may dispose of property by reference to acts and events that have significance apart from their effect on the will's dispositions. Those acts and events may occur before or after the will is executed and before or after the testator's death. The statute names the execution or revocation of a will or trust by another person as one such event.

A separate list of tangible personal property works differently. That list may be prepared before or after the will is signed and may be changed later, but it must be signed by the testator and describe the items and the recipients with reasonable certainty. It cannot cover property used in a trade or business, and the most recent writing controls when lists conflict. Details appear in the Florida tangible personal property list.