What's that in English? A list of legal terms lost in translation.
June 21st, 2023 by admin
Like most lawyers, I get questions from clients about what certain legal words mean “in English.” These words are frequently found in documents related to real estate, corporate/partnership as well as wills, trusts and estate planning. They confuse many clients. It is so important that lawyers and other professionals (doctors and accountants, among them) break down technical terms so clients understand what they are communicating.
Part of the problem with American law is it is derived from Roman law (Latin) and English law. This is why there are so many Latin phrases in legal documents. General comforting comments are nice, but they often do not do much to allay the possible questions of clients, especially when the issues at hand are so important. It is essential clients have a solid peace of mind about legal matters when a matter is completed.
Here are some phrases which your lawyer should really try to translate into “English.”
- Per stirpes: It’s a phrase extensively used in wills. If the will writer (testator) gives an asset to a beneficiary who died before the testator, the gift passes to the deceased beneficiary’s descendants (children, for example). More understandable language is to your children “who shall survive me, in relatively equal shares. Provided, however, the share of the deceased child shall be distributed to such child’s children who survive me, in shares of relatively equal shares.” Avoid using per stirpes altogether.
- Per capita: The property of the deceased beneficiary returns to the estate and is distributed among the remaining living beneficiaries instead of to the deceased beneficiary’s descendants. (Any other surviving children of the decedent, for example.)
- Executor/executrix and administrator/administratrix: These words are Latin derivatives (masculine and feminine) of the person who administers an estate. The better way to refer to these individuals is simply “administrator.” And, in fact, North Carolina law encourages that.
- Advance directive for natural death: This is often referred to as a “living will,” but it is not about living. It is about your wishes when you are at the end of your life and whether you wish to stay connected to life-sustaining machines.
- Power of attorney: This awkward phrase came over on the Mayflower. It is often referred to as a “financial power of attorney.” The document allows you to appoint a financial agent who can act on your behalf.
- HIPAA: This means, technically, “Health Insurance Portability and Accountability Act.” It allows healthcare providers to speak to individuals you authorize about your otherwise confidential medical information.
Encourage your lawyer to explain some of these clunky Latin and “Old English” words — or to dispense with them if possible. It will make these documents much easier to understand.
Remember: An informed choice is a smart choice.
Mike Wells is a partner with Wells Law, PLLC in Winston-Salem. His email address is mike@wellslaw.us and his telephone number is 336.283.8700. His legal column has been published continuously since 2003.
Posted in: WS Journal Articles