The population in general, and litigators in particular, do not appreciate vague language. They want language that is to the point. They want language that addresses specific issues. They do not want language that is open to multiple interpretations.
There are times, however, that such language is necessary. Sometimes broad language is essential for capturing an array of situations. When drafting a will, it may be essential to incorporate such language so that the desires expressed in the will encapsulate a number of situations. If the will contained language that is narrow, the person drafting the will would need to constantly change the will as his or her circumstances change.
This rule is covered under the “Acts of Independent Significance” Doctrine, which states that a will can distribute or dispose of property by referring to circumstances or events that occur outside of drafting the will. Those circumstances or events are relevant provided that they relate to the will.
Changed Circumstances
Suppose the person drafting the will collects vintage cars. He constantly buys and sells cars. He writes in his will that “my son and daughter will split my vintage car collection, with my son taking half of the oldest cars and my daughter taking half of the newer cars.” Suppose the person drafting the will dies 30 years after finalizing it. During those 30 years he may have bought and sold numerous cars. At times the older cars were significantly more valuable and at times the opposite. Because the vague language is recognized under the California Probate Code, it is valid. The Probate Court will consider the Will’s language and apply it to the circumstances at the time of death.
Structuring a will with Acts of Independent Significance provides a testator with the ability to devise property as he or she sees fit. This flexibility is important because things are constantly changing. Considering drafting a will? Speak with the trust and estate planning lawyer.
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