UKC

Hello. I need someone to interpret this nonsensical and arcane language from a will I am dealing with. As the Lasting PoA does not give the solicitor permission to discuss details of the will she will not so I am turning to you folks. The person who's will it is is still alive although they have no capacity, having been diagnosed with dementia and Alzheimer's in 2018. I am going incognito for this instead of using my usual profile as some issues are brewing amongst the family.

The text I need help with reads:-

"I give all my real and personal estate wheresoever and whatsoever not hereby or by any codicil hereto or otherwise disposed of (subject to and after the payment of funeral and testamentary expenses and legacies and all tax and other duties payable) which said estate and property and the property for the time being being representing the same are hereinafter referred to as “my residuary estate” unto my trustees upon trust to sell the same or any part thereof or to retain the same or any part thereof in its actual state of investment or condition at the time of my death and to hold the same for my nephew XXX absolutely provided that if he shall predecease me etc etc..." 

In a nutshell, what does this mean?

Yhm

Non legal opinion. Anything of mine left after the promises made in my will have been taken out, funeral expenses, the taxman and all of my other debts have been paid are to be looked after by the trustees, for the benefit of my nephew.

Thanks very much - both the legal opinion and yours match! How I yearn for plain English in these matters.

If lawyers drafted wills in plain English, you wouldn't need lawyers any more 🐸

I’m sure I read somewhere that years ago the legal profession were paid by word so this lead to longwinded and wordy statements.
 

Maybe I’ve made that all up! 

I assume the estate will be a Skoda Octavia?

I’ll get my coat.

I'm a bit puzzled by "As the Lasting PoA does not give the solicitor permission to discuss details of the will she will not"

You've obviously got a copy of the will, presumably the solicitor has as well - what's the problem with the solicitor describing the legalese in plain English - especially since a fee could no doubt be charged.

IIRC, one of the reasons that legalese came about was that it had to be unambiguous for a court to interpret once any punctuation had been removed - presumably the thinking was that punctuation could be easily fraudulently added to change the meaning.

Can that be right QUESTION MARK There is a far simpler solution STOP

SEMICOLON HYPHEN CLOSING ROUND BRACKET

+1

There are bits of the jigsaw missing here re the "LPA does not give solr permission".  A Will is a private document, it only becomes public after probate is granted.  It's not clear who has LPA.  The situation regarding LPA and existing Wills might need careful/correct advice.

I'm saddened to see Wills written in this style.  A good solr should be able to write a will in simple plain English without layers of legalese (which will no doubt encourage people to use a solr to execute it).

IANAL.