Will — in plain language
a legal document that says who should get your property and care for your affairs after you die
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
a legal document that says who should get your property and care for your affairs after you die
- instructions for your property after death
- a last will and testament
- a document naming who inherits
What to watch for
- A will generally takes effect only at death and can usually be changed or revoked while the person is alive; a plain rewrite should not imply it binds the maker immediately.
- In legal drafting the auxiliary verb 'will' (as in 'the party will deliver') is a completely different word from the estate document; do not conflate the two senses.
- A will is not the same as a living will or a trust: a living will concerns medical wishes, and a trust can pass property without probate, so keep the documents distinct.
Takes Effect at Death, Changeable Before. A will is a statement of wishes that only operates once the maker dies. Until then, the person can usually update or revoke it freely. A plain rewrite should make clear that a will does not lock anything in during the maker's lifetime, unlike a binding contract.
The Verb "Will" Is a Different Word. In ordinary contract language, "will" often appears as a plain future-tense verb — "the party will deliver the goods." That has nothing to do with the estate document. When a sentence uses "will" to describe a future action, a translation should treat it as everyday grammar, not as a reference to a person's last will.
Common Misunderstandings by Non-Lawyers.
- "Once I sign a will, I can never change it." (Usually wrong — you can typically revise or revoke a will while you are alive and competent.)
- "A will lets my family skip court entirely." (Often not — a will usually still goes through probate; a trust is what can avoid it.)
- "A will and a living will are the same thing." (No — a living will is about medical care wishes, not about who inherits property.)
Legal definition
A legal document in which a person sets out who should receive their property and who should handle their affairs after they die. The person who makes it (the testator) usually names an executor to carry out their wishes and may name guardians for children. A will generally takes effect only upon death and can typically be changed or canceled while the person is still alive and competent; after death it is usually proved and carried out through a court process called probate.
Meanings by context
general English / contract drafting: a word showing something is going to happen in the future
Examples
Legal: The Testator hereby revokes all prior wills and codicils heretofore made.
Plain: The person making this will cancels every earlier will and any earlier changes to one.
Legal: Under the terms of the will, the residue of the estate shall pass to the surviving children in equal shares.
Plain: According to the will, whatever is left of the estate goes to the living children, split evenly.
Legal: If a person dies without a valid will, the estate passes according to the laws of intestate succession.
Plain: If someone dies without a valid will, the law decides who inherits their property.
Where you'll see it
- estate planning
- probate proceedings
- distribution of property at death
- guardianship designations
Related terms
- testator
- executor
- probate
- codicil
- intestate
Word details
- Pronunciation
- wil
- Part of speech
- noun
- Origin
- Old English — from 'willa' — wish, desire, or intent; a statement of what one wishes to happen
- Domains
- estate law, probate, family law, real property
- Frequency
- very common
- Formality
- moderate
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