Legal News | 15.08.24

Now you’re speaking my language

Lawyers are not known for using straightforward language. In fact, the term ‘legalese’ is defined as ‘the sort of language used in legal documents that is difficult to understand’. If a lawyer throws in a little Latin, too, you might find their advice difficult to navigate.

At Wansbroughs, we pride ourselves on providing clear, accessible advice. For example, if we prepare a Will for you, you will also receive a Will Summary setting out what the clauses of your Will mean in simple terms. More generally, in the Private Client sphere, you might encounter the following terms…

• “Per stirpes” is Latin for “by branch”. This is often used in Wills to refer to different branches of a family tree (most commonly in the scenario where, if a beneficiary dies, the share they would have received will pass to that beneficiary’s own children).

• “Bona vacantia” means “vacant goods”, and is the term used for ownerless property which by law passes to the Crown. You might encounter this where someone dies without a Will (see “intestate”), with no living family to inherit their estate.

• An individual is “intestate” where they have died without making a Will. Legal rules of intestacy apply, setting out to whom the deceased’s estate shall pass.

• “Chattels” are tangible, moveable assets. In the context of Wills, these will include personal possessions such as jewellery, antiques, furniture, etc.

• A “pecuniary legacy” is a gift of a specific sum of money, often used in Wills.

• An “attorney”, in the UK, refers to a person who has the legal right to act for someone else. This is commonly via a Lasting Power of Attorney or in some cases a General Power of Attorney.

Private Client law can be a minefield of complex terminology and old language (the Wills Act, still in force, dates from 1837!), not to mention complex rules; look no further than last week’s article on Pre-Owned Asset Charges. The Private Client team are however on hand to make sure that you understand what you are dealing with, whether that be a difficult situation, complicated areas of law or, indeed, an old Will peppered with archaic language!