Disposition of certain tangible personal property by reference to list or statement; requirements.
1. Whether or not the provisions relating to electronic wills and holographic wills apply, a will may refer to a written statement or list, including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to be disposed of and the names of the devisees.
(e) The testator’s handwritten signature or electronic signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of the testator’s death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon the dispositions made by the will.
Last modified: February 25, 2006