Reading of the Will: 11 Key Words & Phrase

So…the reading of the Will. If you’re imagining the estranged family gathering in the lawyer’s office for the read-aloud of the Decedent’s Last Will & Testament, that’s just in the movies and TV. Most articles you’ll see about estates usually have the same kinds of titles like “How to Probate a Will” “Top 10 Executor Duties” or “Estate Checklist and Guide”.

Helpful, but I find these all skip the most important FIRST step: how to actually read the Will.   I’m not necessarily talking about [what most of my clients call] the ‘legal mumbo jumbo’ of the document.  I mean the real meat and potatoes of what the person wanted – their specific choices that go to the heart of how their estate is handled.

If you’re named as Executor, your first task is not to rush, but instead to know your responsibility for understanding the Will and to take the time to approach it with clarity and attention to detail.

In a nutshell, here are some key words & phrases to look out for:

1.‘Final Wishes,’ Body Disposition, Cremation or Funeral

These decisions are time sensitive so check for these references carefully and quickly!

Also, the Will doesn’t actually have to be probated for these intentions to be carried out– just be sure to share with the funeral director or crematorium.

The Will might include specifics about organ or body donation, cremation and disposition of ashes, burial location or funeral details. They might have also specifically named a Funeral Agent – who may be completely separate from the Executor – to make or carry out those decisions. 

to certain burial and funeral decisions and include what their specific wishes are. 

2. Revocation Clause

Check for a revocation clause that revokes all other prior Wills and ensures that this document is considered valid and the actual “Last Will and Testament”.

3. Signatures

Make sure the Will is properly signed.  Every state has its own requirements and usually these include signing by the Testator (person who created the Will), 1 or 2 witnesses (NJ requires 2) and a notary public.

4. Attestation Clause

An extension to the notary signature above, some states are also particularly snarky about this. Its essentially part of the notary section that attests to the fact that everybody (testator, witnesses, notary) all signed at the same time, in front of each other and that everybody saw everybody else sign. Whew.  It may require a read through several times to be sure, but the wrong format could make the difference between a quick vs drawn out approval process by the court.

5. Executor, Co-Executor and Successor Executor(s)

Pay close attention to who exactly is 1st in line to take charge of the estate, as well as who comes after. Is just one person named, or are there co-Executors, meaning multiple people need to be appointed to act together all the time? This will go a long way to avoid wasting time rushing to meet with an attorney, filing with the court or holding yourself out as the one who will be in charge only to find out the Will requires you to act jointly with another person.

6. Executor Powers

Check yourself before taking action or making decision: how general or limiting in the Will as far as what the Executor can and can’t do? Does the Executor have the power to sell real estate? Is the Executor in charge of a Decedent’s business or expected to work with others? Does the Executor decide who gets what personal items or are the beneficiaries supposed to decide amongst themselves?

7. Guardianship

If there are minor children, check to see if there is someone properly named to be appointed to take care and custody.

8. Tax Allocation

This is a fancy phrase for describing who (beneficiary(ies) or what (the estate) is responsible for payment of inheritance or estate taxes.  Be particularly careful if the Will doesn’t specify, which may mean that you’ll need to look to state law to help sort that process out.

9. Assets and Property Distribution – ‘Specific Bequests’

Don’t start giving away stuff or making promises until you know where and how everything is supposed to go!  From Christmas ornaments and wedding rings to cars and houses – get a solid understanding of who is supposed to get what or suffer the wrath of the intended beneficiary(ies)!

And before doling out cash, first make sure you have enough to cover ALL expenses – like taxes!

Just because someone is supposed to get $10K, doesn’t automatically mean its going to get paid.

10. Assets and Property Distribution – ‘the Residue’

A weird but super important word in the world of estates: basically this is whatever is left over after all expenses, taxes, debts, and specific bequests are paid.  Usually the distribution plan is set out in percentages or ‘parts’ to certain people.  Be careful with the math, as these are the people who you’ll need to consent to the final accounting.  It may come to pass that there isn’t enough to pay out all or any

11. Contingencies and ‘On The Condition That’

I encourage you to take a 2nd or 3rd look through for these references, because they aren’t always obvious.  Found primarily in the distribution sections, one example is that a beneficiary may only receive his/her inheritance if they reach a certain age or fulfill certain obligations.

Above all, the most important takeaway here is to take the time to really read a Last Will and Testament. This way you’ll be better able to understand and honor the final wishes and intentions of the Testator and stay out of hot water.