What must be true for a document to be incorporated by reference into a will?

For a document to be incorporated by reference into a will, it is essential that the document is in existence at the time the will is executed. This principle ensures that the will can reference the document, making it part of the testator's intentions without requiring the document's contents to be rewritten in the will itself.

Incorporating a document by reference serves to acknowledge the document's existence and significance in relation to the will, eliminating ambiguity about the testator's wishes. When the document is executed, it allows the will to refer back to it, facilitating clarity on the distribution of assets or organizational matters for the testator’s estate.

Incorporation by reference applies to documents that are clear and identifiable, meaning they must be expressly described in the will and be in existence at that moment. The other options, such as needing to be a public document, legally notarized, or kept in a safe deposit box, are not requirements for incorporation by reference; rather, these conditions do not affect whether the document can serve its intended purpose in relation to the will.