Writing A Will.

[Bigbad]

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.

[hc4361]

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.

[woofgang]

Yes you can write your own will and it will be legal but it may not have the effect that you want if you choose your own language; but if the person you have gone to sn't doing what you want then go elsewhere. The language of my will is certainly clear enough and that was written by a solicitor.

[Bigbad]

It is really basic.
I’m just so frustrated that it needs to be so flowery!
I’ve named my son as the Executor, so if it was written in my own language, he would have no problem understanding it.

[woofgang]

as I said, if you aren't happy then go somewhere else and tell the solicitor why!

[Bigbad]

She's still going to charge me though, so If I can avoid 2 lots of fees, I will.
Got an appointment next week. I'll maybe make a decision after that.

[jackthehat]

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.

[Bigbad]

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.

[jackthehat]

Wow.....

Sorry for trying to be helpful.
I'll leave you to it.

[Bigbad]

OK. Bye.

[4candles]

As others have said, legalese is used for a reason, and a self written will can lead to expensive, protracted legal battles.
Why not have the will drawn up professionally, and also give your son your colloquial version?

[woofgang]

bad idea 4candles...the colloquial version will have no legal standing and if the colloquial version and the legal version don't have the same outcome in terms of who gets what, this could lead to huge bust ups within the family "Dad said he wanted this to happen" "yes but the will says....."

[hc4361]

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.

[bhg481]

Wasn't that George Formby, hc4361?

[hc4361]

Ha ha, no.

[4candles]

@ 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.

[woofgang]

hc it will not be legally binding unless its properly dated and witnessed and there is evidence to show that it was written signed witnessed and so on AFTER the solicitors version. As a "crib" to the signed dated witnessed will it will have no legal standing

[Bigbad]

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.

[woofgang]

Bigbad my will was drawn up by a solicitor to my requirements and is in plain clear understandable English