Whilst Wills are arguably the most important legal document for every individual they can also be rather complex. Wills have been around for centuries (and even longer!) and that’s why some of the wording or ‘legal jargon’ may seem out of date, archaic or just confusing. At Andrew Isaacs Law we aim to make your Will drafting as simple and straightforward as possible without losing the legal rigidity that Wills require. We have created a quick guide to understanding the legal wording in your Will to help make the process easier and more transparent.
My estate is being left to my issue. What does this mean? Issue is a legal term for a person’s direct descendants, it means children, grandchildren, great-grandchildren. It usually excludes spouses or parents or indeed siblings and essentially means those individuals that have descended from you. In England if you have legally adopted a child then the adoptive children are included as ‘issue’. However, traditionally “issue” does not include stepchildren as they are not descended from you as the testator (unless, of course, they have been legally adopted by you).
Per stirpes is an old Latin term which means ‘by branch’ this refers to the branch of a family tree. Per Stirpes is often used to say that the estate is divided at the first generation (the children) however if someone in that generation has died than it will pass to their descendants. Similar to how issue means who will inherit, per stirpes is how they will inherit (the dividing of a share rather than to the beneficiary of the share).
‘Absolutely’ is a very important legal concept in a Will. Absolutely means the person receives the inheritance or the gift outright, with full ownership and with no conditions attached. Inheritance can have conditions such as age, trust conditions or even life interests (the use but not the ownership) by distinguishing a beneficiary inherits something absolutely it means that it is an entirely their own to do what they wish it.
Executors and trustees are the people appointed to carry out the instructions in a will. Executors handle the practical side of the estate, collecting assets, paying debts, and distributing what’s left to beneficiaries. Trustees, on the other hand, manage any assets placed in trust, often over a longer period, ensuring they’re used according to the will’s terms for the benefit of specific individuals.
A beneficiary is a person or organisation named in a will to receive something from the estate. This could include money, property, possessions, or other valuable assets. You can appoint almost anyone as a beneficiary, family members, friends, charities, or other organisations. They receive their inheritance according to the instructions set out in the will, after any debts and expenses have been settled by the executors.
The residuary estate, often called “the residue,” is the legal term for everything left over after all debts, taxes, expenses, and specific gifts have been dealt with. In simple terms, it’s “the leftovers” of the estate, which are then passed on to the person or people named as residuary beneficiaries in the will.
A codicil is a legal document used to make small changes or additions to an existing will without rewriting the whole thing. It is generally recommended only for minor updates that do not alter the purpose or overall structure of the original will. Like a will, it must be properly signed and witnessed to be legally valid.
Writing your Will ensures that your loved ones are cared for and your wishes are reflected
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Because Your Family Matters
Bethany is our Wills & Probate Paralegal based at our Melton Mowbray Office.
She has an impressive law background after achieving an Honours Bachelor of Law and a Bachelor of Criminology and Criminal Justice. Beginning her career as a Litigation Paralegal in the Supreme Court of Queensland, Australia, Bethany has moved to th United Kingdom to become admitted as a Solicitor.
Outside of work, Bethany enjoys walking through the countryside with her dog as well as horse riding.
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