Have you ever read a legal document and felt it was written in another language? Many people feel the same about Wills. Clarity in Wills matters, because your Will is only useful if you, and later your executors and family, can understand what it says. This guide explains why clear wording matters, some common terms in plain English, and how we approach it at A.D.E. Wills.
Why clarity in Wills matters
Imagine you have made a Will and feel confident it provides for the people you love. But what if the wording does not say what you think it does? Unclear wording can lead to a gift failing, a dispute between beneficiaries, or a result you never intended.
For example, a Will might leave “my house” to a daughter. If the house has been sold and replaced before death, it may be unclear whether the gift applies to the new property. Clear drafting anticipates questions like this.
Common Will terms in plain English
Legal wording is often there for a good reason, because some terms have a precise meaning that reduces the risk of misunderstanding. Even so, you should always know what those terms mean. Here are some of the most common:
- Testator: the person making the Will.
- Executor: the person you choose to deal with your estate after your death.
- Beneficiary: someone who receives something under your Will.
- Legacy or bequest: a gift of a particular item or sum of money.
- Residue: everything left in your estate after debts, expenses and specific gifts.
- Per stirpes: if a beneficiary dies before you, their share passes to their own children.
- Trustee: someone who holds and manages assets for a beneficiary, for example a child.
Once these terms are explained, most Wills become much easier to follow.
The risks of misunderstanding your Will
It is easy to assume that a signed Will must say the right thing. However, people often misremember what their Will says, especially if it was made many years ago. Circumstances also change. A Will that suited you ten years ago may now leave gifts to people you no longer wish to benefit, or miss out new family members.
So it is worth reading your Will from time to time and asking yourself whether it still reflects your wishes. If it does not, a new Will is usually the clearest way to put that right.
What makes a Will clear?
Clarity in Wills helps in three main ways:
- First, you know exactly what you are signing.
- Second, your executors and family can understand your wishes without needing legal training.
- Finally, it reduces the risk of disputes and misinterpretation after your death.
In practice, clarity comes from using names in full, describing gifts precisely, saying what should happen if a beneficiary dies before you, and dealing with the whole of your estate.
Digital assets
More of our lives are now online. Therefore, it is worth thinking about what should happen to email accounts, photos, social media and any cryptocurrency. You can mention digital assets in your Will, and a separate letter of wishes can explain where information is kept. Never write passwords into your Will, because a Will can become a public document after probate.
How we approach clarity in Wills at A.D.E. Wills
At A.D.E. Wills, Edward aims to make the process as clear as possible. In practice, that means:
- Plain English. We explain each part of your Will in everyday language.
- A clause-by-clause booklet. Every In-Person and Online Will comes with a personalised booklet explaining your draft Will clause by clause, so you understand what each part does before you sign.
- Unlimited draft changes. You can ask for changes to your draft until you are happy with it.
- Signing guidance. A step-by-step Signing Guide helps you sign and witness your Will correctly.
- Fixed fees. Our prices are set out on the Wills Pricing page.
Frequently asked questions
Do I need a professional to write my Will?
No. You can write your own Will. However, a professional Will writer can help you avoid common mistakes, such as unclear gifts or problems with signing and witnessing. You can read general guidance on making a Will on GOV.UK.
How often should I review my Will?
It is sensible to review your Will every few years, and after major life events. For example, marriage or civil partnership revokes an existing Will unless it was made in contemplation of marriage to a named person.
What if I have assets in other countries?
We write Wills under the law of England and Wales and advise on assets here. For assets abroad, we recommend taking advice from a lawyer in the relevant country.
Take the next step
If you would like a clear Will that reflects your current wishes, or you feel your existing Will no longer fits your circumstances, Edward can prepare a new Will for you. Call 01865 507174 or email info@adewills.co.uk for a free, no-obligation initial chat. You can also read more about our Will writing service.
