Writing a will in English can feel intimidating. The vocabulary is precise, old-fashioned in places, and every word carries legal weight. But you don't need to be a lawyer to understand it. Here are the key terms you'll encounter and how they actually work in a real will.
The people involved
Testator (or testatrix if female, though modern English mostly drops the distinction) – the person making the will. Simple enough. Just remember: this is you, the writer of the will.
Executor – the person named in the will who carries out your wishes after you die. They pay debts, distribute property, handle paperwork. Most people choose a trusted family member, a solicitor, or both. If you name someone, get their consent first. It's a lot of work.
Beneficiary – anyone who receives something under the will. Could be a person, a charity, or even a pet trust (yes, that's a thing in some countries).
Guardian – only relevant if you have minor children. The will names who would raise them if both parents die. Usually the most emotional part of writing a will for parents.
Witness – someone who watches you sign the will and signs it themselves. In most legal systems, witnesses cannot be beneficiaries. That means your spouse or children cannot witness your will. Use a neighbour or colleague instead.
Core legal terms
Codicil – a legal amendment to an existing will. You write a codicil if you need to make a small change (like updating a beneficiary) rather than rewriting the entire document. Less common now, since most solicitors prefer reissuing a fresh will.
Probate – the court process that confirms a will is valid. The executor applies for probate before they can start distributing assets. Without it, banks and land registries won't release anything.
Intestate – dying without a valid will. The state then decides who gets your assets, following a fixed legal formula. Usually not what anyone wants, but it happens.
Estate – everything you own at death: house, savings, investments, personal belongings. "My entire estate" means all of it.
Bequest – a gift left in a will. Specific bequests are particular items ("my grandfather's watch"), pecuniary bequests are sums of money ("$5,000 to my niece").
Residue – whatever is left after specific bequests and debts are paid. "I leave the residue of my estate to my spouse" is standard language. The residue is often where the real value sits.
Putting it together
A typical will follows a clear structure. Here's how the main sections connect:
Cancels all earlier wills
Names executor(s)
Specific bequests to beneficiaries
Who gets what remains
Signing and witnessing
Note how Revocation comes first. That kills all previous wills so there's no confusion about which document is active. Then Appointment, then Gifts, then Residue, and finally Execution (signatures and dates).
Two common phrases that cause trouble
"I leave, give, and bequeath" – this triple phrasing is a historical relic. Modern wills just say "I give." The extra words add no legal value in most English-speaking jurisdictions. Some solicitors still use it out of habit.
"Per stirpes" – Latin for "by branch." If a beneficiary dies before you, their share goes to their children, not back into the general pot. Example: you leave your estate equally to your three children. One child dies before you, leaving two kids of their own. Under per stirpes, that dead child's share splits between their two children. The other two children still get their original shares.
The alternative is per capita, where the dead child's share gets redistributed among the surviving children. Small difference, big legal effect.
A quick note on language level
Legal English in wills is technically C1-C2 on the CEFR scale – it uses complex sentences and archaic terms. But the concepts themselves are straightforward. Focus on learning the nouns (testator, beneficiary, executor) and the basic verb pattern: "I give X to Y." That's the core sentence in every will.
Don't let the Latin scare you either. Wills use fewer Latin terms than they did fifty years ago. Most jurisdictions now prefer plain English. "Per stirpes" and "inter vivos" (during life) might survive, but the rest is fading.
Want to test your understanding?
Try this short exercise. Read the sentence below and identify the testator, executor, and beneficiary:
"I, Maria Santos, of London, declare this to be my last will. I appoint my brother, James Santos, as executor. I give my art collection to my daughter, Elena Ruiz."
Answers: Testator is Maria. Executor is James. Beneficiary is Elena. Straightforward, right?
Legal vocabulary is just vocabulary. The grammar is standard English – subject-verb-object with a few extra prepositional phrases. Once you know the terms, the rest follows naturally.
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