Campaign for plain English in Wills!?

YoungBlueEyes

Savvy_Sue said:

Sea_Shell said:

I've often wondered, when seeing very wordy wills posted about here, what the least wordy will could be that would be valid and legally binding?

"Everything to Mother", I believe.

Sadly I can't find a reference. And although it was both valid and legally binding, there was a dispute as to whether the deceased was identifying his mother, or his wife and mother of his children who was always referred to as "Mother".

I was just about to say the same thing. It was on QI (iirc) that a fellah left his whole estate to his mother with a will that literally just said "All to mother". I can't remember the fellah's name now though, and can't quote a proper source for that. 

Jowwie

YoungBlueEyes said:

Savvy_Sue said:

Sea_Shell said:

I've often wondered, when seeing very wordy wills posted about here, what the least wordy will could be that would be valid and legally binding?

"Everything to Mother", I believe.

Sadly I can't find a reference. And although it was both valid and legally binding, there was a dispute as to whether the deceased was identifying his mother, or his wife and mother of his children who was always referred to as "Mother".

I was just about to say the same thing. It was on QI (iirc) that a fellah left his whole estate to his mother with a will that literally just said "All to mother". I can't remember the fellah's name now though, and can't quote a proper source for that. 

Thorn vs Dickens 1906 ?

Mojisola

We've drawn up a flow chart that we keep with the copies of our wills to show how our estate will be distributed.  If there is any confusion about the wording (which is in fairly clear English), the flow chart shows our intentions and will be an aide to the executors.

Savvy_Sue

Jowwie said:

YoungBlueEyes said:

Savvy_Sue said:

Sea_Shell said:

I've often wondered, when seeing very wordy wills posted about here, what the least wordy will could be that would be valid and legally binding?

"Everything to Mother", I believe.

Sadly I can't find a reference. And although it was both valid and legally binding, there was a dispute as to whether the deceased was identifying his mother, or his wife and mother of his children who was always referred to as "Mother".

I was just about to say the same thing. It was on QI (iirc) that a fellah left his whole estate to his mother with a will that literally just said "All to mother". I can't remember the fellah's name now though, and can't quote a proper source for that. 

Thorn vs Dickens 1906 ?

That's the one!

https://www.thegazette.co.uk/all-notices/content/102387

Malthusian

And what makes that case even more intriguing is that he didn't leave everything to his mother. The courts decided on the less literal (or less plain English) interpretation of "mother" - they awarded everything to his wife.

No doubt the testator thought that 19th century legal language was a conspiracy against the common man (leaving a three-word Will was an unusual thing to do even then) and that "everyone will know what I mean by 'mother'" and "all that legal claptrap is an excuse for lawyers to generate fees". In doing so he generated loads of fees for the lawyers who fought Thorn v Dickens. 

Most numbskulls trying to DIY a Will to their wife on the cheap would write something like "Everything to my wife Jane Smith", but that wasn't good enough for him; he had to show how clever he was by using the minimum number of words possible, to show everyone just how much better brevity is over legalese when writing a legal document. Well that worked out well for him (and his wife), didn't it. 

The last time I saw someone here try to come up with a more "plain English" (i.e. Anglo-Saxon) version of per stirpes (which is an English term btw, same as schadenfreude, entrepreneur, baksheesh and kamikaze) they came up with a term that could be interpreted either way.

The most difficult obstacle to someone unused to legal English understanding the quote in the OP is the lack of commas, and there is a good reason for lawyers' aversion to commas - it prevents the meaning of the Will being altered by a comma being smudged out or added by an inkblot.

Other than the lack of commas and the use of "trust" in the opening, everything in the section quoted is plain English and could be understood by a seven year old with a good grasp of fractions, with a little help to walk them through it.