A testator's failure to give specific instructions about a schedule during the preparation of a final will does not preclude incorporation by reference where the will was prepared by way of amendments to a previous will that included the schedule, and there was no evidence of an intention to remove or alter the schedule. A declaration that a document is incorporated by reference into a will does not alter the legal effect of the will but identifies an existing aspect of it. The standard of proof for incorporation by reference (balance of probabilities vs 'beyond doubt') was left open.
The full text is available to signed-in members.