Help to understand exclusions

katiepoppycat

Hello, My Nana recently made me executor of her will and there's a whole load of things in it that I don't understand. I believe they are standard exclusions. The solicitor who drew it up says they can't discuss a will until someone has died, and if I don't want to be executor because I don't understand it I can appoint them when the time comes. This got my hackles up a bit. I've tried googling but the details are still very 'legal document language' and I wonder if there's anyone here who can either translate; or has executed a will under the same exclusions?

Sections 11(1) 19 and 20 of the Trusts of Land and Appointment of Trustees Act 1996 shall not apply to my will

Sections 14 15 and 20 of the Trustees Act 2000 shall not apply to my will

The statutory duty of care under section 1 of the Trustee act 2000 shall not apply to my trustees and executors(both lay and professional) they shall be required to exercise such care as is reasonable in the circumstances to expect from a lay trustee and executor and no account shall be taken of the factors in Section 1(1)((a) or (b) of hte Trustee Act 2000

My will shall be construed as if section 33 of the Wills Act 1837 had not been enacted

Many thanks for your time!

Yorkshireman99

katiepoppycat wrote: »

Hello, My Nana recently made me executor of her will and there's a whole load of things in it that I don't understand. I believe they are standard exclusions. The solicitor who drew it up says they can't discuss a will until someone has died, and if I don't want to be executor because I don't understand it I can appoint them when the time comes. This got my hackles up a bit. I've tried googling but the details are still very 'legal document language' and I wonder if there's anyone here who can either translate; or has executed a will under the same exclusions?

Sections 11(1) 19 and 20 of the Trusts of Land and Appointment of Trustees Act 1996 shall not apply to my will

Sections 14 15 and 20 of the Trustees Act 2000 shall not apply to my will

The statutory duty of care under section 1 of the Trustee act 2000 shall not apply to my trustees and executors(both lay and professional) they shall be required to exercise such care as is reasonable in the circumstances to expect from a lay trustee and executor and no account shall be taken of the factors in Section 1(1)((a) or (b) of hte Trustee Act 2000

My will shall be construed as if section 33 of the Wills Act 1837 had not been enacted

Many thanks for your time!

The solicitor is correct and you should not worry. When the time comes you can either execute it yourself or get help on the parts you don't undersatnd. Unless the estate is complex you should be able to DIY it. The exclusions are just technicaltities that you need not worry about.

Keep_pedalling

A quick Google finds the following for the last one you listed.

https://uk.practicallaw.thomsonreuters.com/5-532-3993?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

The rest you should be able to find yourself, via the search engin of your choice.

No doubt these are all to cover what if situations in the event of any beneficiaries pre deceasing her, so you should not be worrying about these now.

Sea_Shell

Do solicitors make wills overly wordy on purpose, so that a "lay-executor" feels like they have to ask for help in dealing with things?

Surely a will can be written in "plain English" without the need for "solicitor speak"

Margot123

Sea_Shell wrote: »

Do solicitors make wills overly wordy on purpose, so that a "lay-executor" feels like they have to ask for help in dealing with things?

Surely a will can be written in "plain English" without the need for "solicitor speak"

My Dad's will was written in an over complicated manner. After his death I sought the help of a different solicitor who said exactly what you have said.

He helped me interpret it into simple terms and charged very little for doing so. Told me it the estate was easy enough to administer myself.

Getting the original solicitor to release the will was a different matter entirely!

katiepoppycat

Thanks, I hadn't found that link when googling but I was starting to go cross eyed by the time i got to that last one. It will be a simple estate but I like to know exactly what's expected and what needs to be done. As I said to the solicitor, explaining it to me now whilst I'm not heartbroken at the loss of my Nana would be considerably easier for everyone.

Mojisola

katiepoppycat wrote: »

Sections 11(1) 19 and 20 of the Trusts of Land and Appointment of Trustees Act 1996 shall not apply to my will

Sections 14 15 and 20 of the Trustees Act 2000 shall not apply to my will

The statutory duty of care under section 1 of the Trustee act 2000 shall not apply to my trustees and executors(both lay and professional) they shall be required to exercise such care as is reasonable in the circumstances to expect from a lay trustee and executor and no account shall be taken of the factors in Section 1(1)((a) or (b) of hte Trustee Act 2000

My will shall be construed as if section 33 of the Wills Act 1837 had not been enacted

They sound complicated but are really a kind of shorthand.

If the solicitor had put in the full text of all those clauses, the will would have looked even more complex.