§ 321 INCORPORATION BY REFERENCE

• Jurisdiction: South Carolina
• Section: Chapter 3 Wills

§ 321 Incorporation by reference

The SCPC allows a written document to be incorporated by reference if the document exists when the will is executed, the will indicates the intent to incorporate, and the will sufficiently identifies the document to be incorporated.¹²⁶

The doctrine of incorporation by reference would not allow the incorporation of a document not in existence at the time of the will's execution.

Section 62-2-509. Incorporation by reference.

Any 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...