What intention must a testator manifest when incorporating another document into a will?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

A testator must clearly indicate the desire to incorporate another document into a will to ensure that the intent to include that document is unmistakable. This intention is crucial because it allows the testator to legally integrate additional wishes or provisions that are not explicitly stated within the will itself.

Incorporating another document typically refers to circumstances where the testator wishes to reference a separate document—such as a list of personal property or a written statement of wishes—that might not be part of the formal will but is intended to guide the distribution of assets. The language used by the testator must demonstrate a clear intent to incorporate this document, often through phrases like "I hereby incorporate by reference..." This helps avoid confusion and ensures that courts recognize the modified intent of the testator, aligning with their final wishes.

Other potential options, such as creating a separate legal entity, naming all potential heirs, or avoiding probate costs, do not directly relate to the requirement of clear intent for incorporation. While these topics can be significant in estate planning, they do not specifically address the requirement for incorporation of documents within a will in Delaware law.

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