Society & Culture0 min ago
Writing A Will.
I am currently having a new Will drawn up by a solicitor.
I haven’t been happy with either of the drafts so far.
I specifically requested that it be written in “normal speak” rather than “legal flowery speak” but both drafts are way too “flowery” for my liking.
I’ve been told that “as it is a legal document, it will need some extent of legal ease.”
But I can’t much see the point in a document that is too difficult to understand. It may be explained to me, but I doubt I’d retain the information as I see it as tedious and boring, and I certainly don’t want to sign anything I don’t fully understand.
I’ve specified certain things in the event of failure, such as if my children predecease me, then A inherits, and failing that B inherits, but it’s not written how I want. Apparently, these are dealt with by various clauses set out in the Will, but I don’t want this - I want A and B specified.
My question is, are self written Wills legal?
I’m thinking that if I wrote it myself, I could use any words and language I wanted and think it would be a lot clearer for the Executor when the time comes.
Thanks.
I haven’t been happy with either of the drafts so far.
I specifically requested that it be written in “normal speak” rather than “legal flowery speak” but both drafts are way too “flowery” for my liking.
I’ve been told that “as it is a legal document, it will need some extent of legal ease.”
But I can’t much see the point in a document that is too difficult to understand. It may be explained to me, but I doubt I’d retain the information as I see it as tedious and boring, and I certainly don’t want to sign anything I don’t fully understand.
I’ve specified certain things in the event of failure, such as if my children predecease me, then A inherits, and failing that B inherits, but it’s not written how I want. Apparently, these are dealt with by various clauses set out in the Will, but I don’t want this - I want A and B specified.
My question is, are self written Wills legal?
I’m thinking that if I wrote it myself, I could use any words and language I wanted and think it would be a lot clearer for the Executor when the time comes.
Thanks.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.You can write your own will and it will be legal and valid but what you think is clear and simple to understand could prove to be a minefield of 'buts' and questions that could tie up the estate for years, and prove very expensive.
Wills use specific language and are long winded for a reason. Unless it is very straightforward (all to x unless he predeceases in which case all goes to y) then you should have it professionally drawn up.
Wills use specific language and are long winded for a reason. Unless it is very straightforward (all to x unless he predeceases in which case all goes to y) then you should have it professionally drawn up.
The reason for the 'legal-ese' is that the written word doesn't always mean what you believe it to mean or intend it to mean.
'Legal-ese' is tried and tested and cannot be challenged.
It's a shame that you see something so important as tedious and boring, but as woofgang says perhaps you need to go elsewhere but you may well find that you end up with a similar result as they will only have your best interests at heart.
I'm sure AB's resident will expert would confirm that she wouldn't have to spend half as many days going up and down to various Courts so do battle with litigants over the contents of wills, if every word contained therein was crystal clear.
'Legal-ese' is tried and tested and cannot be challenged.
It's a shame that you see something so important as tedious and boring, but as woofgang says perhaps you need to go elsewhere but you may well find that you end up with a similar result as they will only have your best interests at heart.
I'm sure AB's resident will expert would confirm that she wouldn't have to spend half as many days going up and down to various Courts so do battle with litigants over the contents of wills, if every word contained therein was crystal clear.
It is boring. Being told what a paragraph full of legal speak means, when just one sentence in normal speak conveys the message much better.
My current Will has legal speak, and whilst I am sure that it was all explained to me at the time, I can read it now and wonder what the hell it means.
“I'm sure AB's resident will expert would confirm that she wouldn't have to spend half as many days going up and down to various Courts so do battle with litigants over the contents of wills, if every word contained therein was crystal clear.”
All part of the job description and salary, no doubt.
My current Will has legal speak, and whilst I am sure that it was all explained to me at the time, I can read it now and wonder what the hell it means.
“I'm sure AB's resident will expert would confirm that she wouldn't have to spend half as many days going up and down to various Courts so do battle with litigants over the contents of wills, if every word contained therein was crystal clear.”
All part of the job description and salary, no doubt.
Woofgang, a colloquial version WILL have legal standing - the shortest will ever written simply said 'All to wife' and was legally binding.
The shortest will ever contested was English and said 'All to Mother'. The problem here was the deceased called his wife 'mother' and meant for her to inherit, not his mother.
The shortest will ever contested was English and said 'All to Mother'. The problem here was the deceased called his wife 'mother' and meant for her to inherit, not his mother.
@ woofgang
//bad idea 4candles...the colloquial version will have no legal standing//
Maybe I should have explained better.
OP draws up a document in his own words, and checks that his son interprets his wishes correctly.
That document is then handed to the solicitor to write the will in formal legal terms.
//bad idea 4candles...the colloquial version will have no legal standing//
Maybe I should have explained better.
OP draws up a document in his own words, and checks that his son interprets his wishes correctly.
That document is then handed to the solicitor to write the will in formal legal terms.
Thank you for your answers.
When I see the solicitor next week, I’ll see what she says when I tell her I’m not happy, and see what alternatives she can come up with.
There may have to be a certain amount of floweriness to the language, but I just want to be able to read it and know exactly what it says without needing an interpreter!
I’ve signed a few legal documents recently, having just bought a house, and whilst I didn’t expect them to be tailored to me, and was happy to have the wording explained before I signed, I just think that as a Will is so personal, and so unique to the person it’s being drawn up for, then there should be a little leeway with the wording.
When I see the solicitor next week, I’ll see what she says when I tell her I’m not happy, and see what alternatives she can come up with.
There may have to be a certain amount of floweriness to the language, but I just want to be able to read it and know exactly what it says without needing an interpreter!
I’ve signed a few legal documents recently, having just bought a house, and whilst I didn’t expect them to be tailored to me, and was happy to have the wording explained before I signed, I just think that as a Will is so personal, and so unique to the person it’s being drawn up for, then there should be a little leeway with the wording.
I have got english o level 1966
and my will is readable and understandable
a certain amount of gooby-looby is necessary and as one judge said - if only the average englishman would realise 'money' does NOT mean his whole estate, the courts would save a lot of time
yeah I mean go in there and say with a straight face
"I dont want an executor because by that time, I will be dead and not in need of any execution (me dead see?)"
and beneficiaries cant be witnesses - dat stoopid dat ...
and foo ! ( my fave word) save paper, and just get everyone in a room and say - "dat what I want - do it when I die!", everyone must do as I say !
can you take an instagram photie and put it on the internet?
any way if you have a 'thing' and it goes on your death to A and B but if B dies then A only, the gooby-looby is different than where it goes to A and B's children if B is dead.
but you know pay the lawyers today and then your executors ( oops you wont have any ! so that is OK) will pay a bit more when you're dead....
and my will is readable and understandable
a certain amount of gooby-looby is necessary and as one judge said - if only the average englishman would realise 'money' does NOT mean his whole estate, the courts would save a lot of time
yeah I mean go in there and say with a straight face
"I dont want an executor because by that time, I will be dead and not in need of any execution (me dead see?)"
and beneficiaries cant be witnesses - dat stoopid dat ...
and foo ! ( my fave word) save paper, and just get everyone in a room and say - "dat what I want - do it when I die!", everyone must do as I say !
can you take an instagram photie and put it on the internet?
any way if you have a 'thing' and it goes on your death to A and B but if B dies then A only, the gooby-looby is different than where it goes to A and B's children if B is dead.
but you know pay the lawyers today and then your executors ( oops you wont have any ! so that is OK) will pay a bit more when you're dead....
// then there should be a little leeway with the wording.//
yeah can you imagine it - when ever he said 'house' he meant 'outhouse' so the horse gets the stable and the main building hasnt been left to anyone ....
and when he said 'money' he obviously meant his whole estate and some judge has come along and made quite needless difficulties which will cost a LOT of money. He always said not pay lawyers. So we are going to do that by ourselves with only the pears encyclopedia and "home law 1925" as a guide. Dad wasnt a great reader him
well all I can say is - go for it and good luck
yeah can you imagine it - when ever he said 'house' he meant 'outhouse' so the horse gets the stable and the main building hasnt been left to anyone ....
and when he said 'money' he obviously meant his whole estate and some judge has come along and made quite needless difficulties which will cost a LOT of money. He always said not pay lawyers. So we are going to do that by ourselves with only the pears encyclopedia and "home law 1925" as a guide. Dad wasnt a great reader him
well all I can say is - go for it and good luck