Boilerplate and Gobbledygook!

A client came in a while ago to review the draft of an estate planning document I had prepared for him.  He's a smart man, but his first statement was, "We need to pare this down a lot.  Most of it is boilerplate and some of it's just gobbledygook to me."  I'll tell you what I told him.

Just as things become trite or hackneyed by being true, what you may think of as "boilerplate" language in a will or trust or lease, or any other legal document, is in that document for one reason: at some time in the past, the event that the language is designed to prevent - HAPPENED.

I look at a document with lots of "just in case" language - boilerplate, if you will - like a Swiss army knife: I have several SAKs, and in each of them is a blade I've never used.  Heck, I don't even know what some of them are supposed to be used for!  But here's the deal: when I'm in a position where that blade is the only one that will get me out of trouble, I'm awfully glad it's there.  Similarly, the  20 pages of language in a trust about what the trustee can do in certain situations may never be needed, but when it IS needed, the trustee or trustmaker or beneficiaries will be very glad it's in there.

By the time I got through discussing my client's estate planning document with him, he understood why things were written as they were. I actually thanked him for reading it so closely! When your attorney prepares a document for you, please read it.  I can't tell you how many clients have "no questions" about their powers of attorney or wills until I start pointing things out.  ASK QUESTIONS. A lot of legal stuff is non-intuitive, and even smart people can be ignorant in an area in which they don't operate or aren't trained.  Your lawyer should be educating you.  If he/she is not doing so, find another one.

As always, the above is legal information, not legal advice, and it's based on Texas law because I'm a Texas lawyer.  Your situation may be different, and even if it's not, please consult an attorney who practices in the area of law to which your question pertains if you have questions or concerns.

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