I recently met with a couple from Manhattan who were reviewing a draft of their first will. They were sharp, successful executives, but after reading the first two pages, they felt completely lost. The document was filled with terms they had never encountered—”fiduciary,” “testator,” “per stirpes,” “residuary estate.” Their main concern was not the legal validity of the will, but a more fundamental one: “How can we sign this if we don’t truly understand what it says?”
Their question gets to the heart of my work. Estate planning is not about generating paperwork; it is an act of intentional stewardship. You cannot be an intentional steward of your family’s future if the very language used to define that future is a barrier. I translate the necessary legal language into plain English so that your wishes are not just recorded, but are truly understood and legally enforceable.
The Core Vocabulary of Your Will
A will is the foundational document for many estate plans. While its structure can seem formal, the key roles and concepts are straightforward once defined. Understanding them is the first step toward creating a clear, effective plan.
The Testator is simply the person making the will—you. The person you name to carry out your will’s instructions is the Executor. This is one of the most critical decisions you will make.
Your Executor acts as a fiduciary. This is a legal term with significant weight. It means they have a legal and ethical duty to act solely in the best interests of your estate and its beneficiaries. They must be prudent, loyal, and impartial. They are responsible for gathering your assets, paying your final debts and taxes, and distributing the remaining property to your named beneficiaries—the people, charities, or trusts who will inherit from you.
Many wills include a clause for the residuary estate. This refers to all property left over after specific gifts have been made. For example, you might leave a specific painting to your sister and a set amount of cash to a charity. Everything else—your home, investments, and other accounts—falls into the residuary estate, which is typically left to your primary heirs, like a spouse or children.
Understanding Trust and Inheritance Language
For many families, trusts are a vital tool for managing assets, protecting privacy, and providing for future generations. The language in a trust document builds on the concepts in a will but introduces new roles and terms.
The person who creates and funds the trust is called the Grantor or Settlor. The person or institution responsible for managing the trust assets according to your instructions is the Trustee. Like an Executor, a Trustee is a fiduciary, but their duties often last for years, or even decades, after you are gone. Selecting a Trustee with the financial sense and personal integrity to manage this long-term responsibility is paramount.
One of the most consequential—and often misunderstood—phrases in both wills and trusts is per stirpes. This Latin term dictates how assets are distributed if a beneficiary dies before you do. It is best explained with an example.
Imagine you have two children, Ann and Bob. Your will states your estate should be divided between them, per stirpes. If Ann predeceases you, leaving two children of her own (your grandchildren), her 50% share of the estate will pass directly to her children. They will split her share, each receiving 25% of your total estate. Bob will receive his 50% share. This is generational distribution.
The alternative is per capita, where assets would be divided equally among all living descendants at the same level. In the same scenario, if your estate were distributed per capita at the child level, Bob would receive 100% because he is the only surviving member of that generation. Ann’s children would receive nothing. The difference is profound. Making a deliberate choice here is a core part of legacy planning.
How New York Law Interprets Silence
When you create an estate plan, you provide a clear set of instructions. When you don’t, you are not leaving a vacuum—you are letting the state of New York provide its own set of instructions for you. This is called dying “intestate,” or without a will.
The rules for intestate succession are rigid and are laid out in the Estates, Powers and Trusts Law (EPTL). Specifically, EPTL § 4-1.1 dictates exactly who gets what. If you pass away with a spouse and children, your spouse inherits the first $50,000 of your property plus half of the balance, and your children inherit the rest. The law makes no exceptions for a child with special needs, a strained family relationship, or a lifelong partner to whom you were not married.
The law’s definitions are absolute. It does not know your family dynamics or your intentions. Defining your own terms in a legally sound will or trust replaces the state’s impersonal formula with your own considered, intentional plan.
Stewardship. That is the goal. Taking control of the language in your estate plan ensures that your voice—not the state’s—is the one that guides your family’s future. It turns a confusing legal document into a clear expression of your legacy.
If you are looking at your own will or trust and find terms that are unclear, a productive first step is to highlight them and write down your questions. A focused review with counsel can then confirm your documents truly reflect your intentions. My firm reserves time each week to conduct these specific document and beneficiary designation reviews.
