Guess who’s having a new will made? We were supposed to sign last Monday, but the lawyer made a few mistakes in our last changes so we decided to take the time to make sure she put them in correctly. We’ll do the final signing next Monday.
There’s a lot more legal jargon in this one than in the one we had made 18 years ago, which meant we spent a lot more time going through it and making sure we understood it. The lawyer did add some useful details in our advance health directives, so on the whole we’re pleased with the final product.
It is hard to believe, though, that some of complexity isn’t aimed at giving job security to lawyers. 🙂
What about you? Have you ever struggled with legal documents, containing language such as
I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained, or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.
The interest of any beneficiary in any share or part of this Will, both as to principal and income, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.
If so, did you need help in translating?
This is going over my head. Our money-to-the-kids Trust makes me wonder why I was (am) such a penny pincher. Would we live any differently if we won the lottery? I guess not.
“…that some of complexity isn’t aimed at giving job security to lawyers.” Explain yourself.
bikehikebabe,
“Explain yourself.” Have you never heard of the magic word?
I’m sure your children will have a great time with the money they inherit. 🙂
bikehikebabe,
Lawyers usually get paid by the hour, so the more complicated something is the more money they make.
“Every profession is a conspiracy against the laity” (George Bernard Shaw I think)
Evan,
Well said! Lawyers remind me of high priests in ancient religions, or professional politicians for that matter. 🙂
That said, the gal we’re working with seems very nice.
I have complex and unusual surname which causes many to get it completely wrong even when they are following my official ‘change of name deedpoll’ certificate.
For some strange reason I received a statement from the bank yesterday on a new account which only produces 2 statements a year and they have completely changed my name even though on my main account (same number) they have it right!!
I phoned the 0800# and guy was sure they were right and I was wrong. How can they really and truly know what name I use!! I’m the one using it!!
I also received last week from the same bank but to do with ‘taxing’ my accounts. (My surname on that is right!) but what the problem is with the letter is some of the message i.e. on the back I’m supposed to be able to work out what my PIR is based on what my IRD information is. They have come up with 3 steps and with each step is a different scenario!
I must call someone about it as I really don’t know if my PIR is 30% or 19.5%
and I have no idea if I fall into ‘income’ bracket of tax at 30%, 12.5% or 21%.
According the bank they believe I fit into PIR = 19.5% and Income PIR = 30%
chuckle, chuckle, chuckle (well I hope that’s the right response)
.-= Cathy in NZ´s last blog ..Entertainment of a different type! =-.
Cathy,
I think you’re right to try to keep your sense of humor. I hate laws that are so complicated that even the “experts”/enforcers don’t understand them. Good luck! Please keep us posted.
Indian lawyers are no less obscurantist when it comes to legalese. If you are the initiator however, you can insist on the document be in ordinary English and all authorities recognize them as long as other formalities have been properly observed. It must also be understood in this context that only a minority of legal documents in India are in English. Local languages predominate and court proceedings are also in local language except in the rare high profile corporate or constitutional matters at High or Supreme court levels.
I have insisted on all documents being signed by me be in understandable English devoid of Latin or other fancy phrases and have so far succeeded.
.-= Rummuser´s last blog ..Fifteen Minutes of Fame. =-.
Rumuser,
Good for you. Andy preferred to go along with what the lawyer wanted, so I didn’t argue. I just made sure she answered all of my many questions. Kaitlin and Torben will probably make a will in the near (?) future and I’ve suggested they buy something simple off the internet and save a lot of time. As I understand the important thing is to get two witnesses to sign and get it notarized. Our lawyer did have a couple of good suggestions and it was an interesting adventure.
When my husband and I were trying to get our union legalised by Indian law, we had to sign sworn statements written by a lawyer. I was amazed to see that I had to sign a paper swearing that I had ‘all love and affection’ for him, and I was begging the court to legalise our marriage. As far as I remember, his statement had nothing like that written in it. Maybe, being a foreigner, I was the one who had to plead. Well I signed it anyway.
gaelikaa,
I think that’s funny. My first assumption would be that it’s another example of how the two genders are treated by the law, but who knows. I still remember when we were living in France years go. Our local bank proudly advertised that anyone could open an account with them, even children without the consent of their parents/guardians and wives without the permission of their husbands.
I have discovered after speaking with someone about all the numbers/% to do with PIR that the company made the wrong assumption!
I am to pay the lowest tax because I my income is less than a certain threshold
.-= Cathy in NZ´s last blog ..dyepots, rain & students +++ =-.
Cathy,
That’s great about the taxes!
He He…I translated it and then checked if I was correct… I was for the most part.
Reminds me that I must remake my will……
Our original Solicitor is no more so will have to find a new one or just use one of the forms we can buy at the Post Office.
This legal language is weird…but lawyers do like words with precise meanings (it says in the book I’m reading at the moment: The Stories of English by David Crystall)
.-= Magpie11´s last blog ..The Crassness of Warhol….world famous for 15 Minutes? Another cuckoo. =-.
Magpie11,
It seems to me using the form from the Post Office is a less time consuming way to go. I suggested my daughter and son-in-law buy one online.