LESSON

6
WILLS AND
ESTATES
VOCABULARY

Will – a written document in which a person gives instructions about what to do with his
property after he dies
To draw (up) a will – to write or compose a will, put a will into writing (draw-drew-drawn)
Executor - person chosen to carry out the instructions left in a will
A trust – the responsibility of managing property for the benefit of someone else; also, the
property held in trust
Trust fund – money held in trust
Trustee – a person or organization appointed to manage someone else’s property
Trust department – the division of a bank that takes care of the administration of trusts.
Estate – a person’s property at the time of his or her death
To settle an estate – to pay all claims against an estate
Estate settlement –payment of all claims against an estate
To audit – to check an account to make sure it is correct
Heir – a person mentioned in a will as receiving a part of the estate
Tax – a percentage of money that a person has to pay to the government
To file – to enter (a document) on public record
Estate tax – taxes on an estate
A return – a written report of the taxes that a person has to pay
Legacy – a gift of personal property made in a will
Legatee – the party who receives the legacy
Residual legatee – the party who receives the residual legacy (the personal property that
remains after the debts and taxes against the estate are paid and after all specifically
mentioned legacies are distributed)
Probate court – a court that decides whether or not a will is genuine
 EXPANSION

Intestate – without a will

To distribute – to give out, divide among two or more people
If a man dies intestate, the state will decide how to distribute his property.
To name as – to choose someone for a specific function, to appoint
He was named as our agent.
Appraisal – deciding how much property is worth
You need an appraisal of your property before you know how much tax to pay.
Beneficiary – an heir, someone mentioned in a will
Provision – part of a legal document that requires something specific
There was a provision in his will that named the Church as his heir.
Last will and testament – a will
To probate – to check or verify whether an instrument is really someone’s last will and
testament
To bequeath – to give personal property in a will
Bequest – a gift of personal property mad by a provision of a will; a legacy
A testator – a person who makes a will
Deceased (adj. and noun) – dead person

Vocabulary Practice

Select the response that correctly completed each sentence.

1. She _______ $10,000 to charity in her will.

a. audited b. settled c. bequeathed
2. You have to pay high _______ on a estate.
a. trust funds b. taxes c. returns
3. The _______ will distribute the property of the deceased according to his last will and
testament.
a. heir b. legatee c. executor
4. In the U.S., people must fill out their tax ______ by April 15.
a. returns b. appraisals c. budgets
5. My lawyer will _______ my will.
a. draw up b. name as c. probate

MAKING A WILL
Jack Martin is talking with his friend, Al Henderson. It happens that Al is also Jack’s lawyer.
Jack brings up the subject of wills.

Jack: You know, Al. I’ve been thinking about making a will. You probably think it’s strange
since I’m only thirty-five years old.
Al: I don’t think it’s strange at all, Jack. There are many good reasons to think about a
will. A will is the only way you can plan how your property will be distributed after
your death. If you die intestate, then your property will be distributed according to
the laws of the state. That’s why I as a lawyer drew up my own will this year. I’ll be
happy to draw up yours for you if you’d like.
Jack: Gee, Al. I didn’t know you had drawn up your will. You’re not much older than I am.
If you don’t mind my asking, who did you name as executor?
Al; Well, selecting the right executor is one of the most important aspects of making a
will. I decided to name the Oak Street Bank as my executor. I had already used the
services of their trust department to set up trust funds for my son and daughter.
Jack: So the Oak Street Bank handles estate settlement. I’ve been a customer there for
many years. Do they have a big staff for estate settlement?
Al: Very big. And the entire department serves as executor. That way there’s no risk of
service being interrupted.
Jack; That’s true. An individual executor might be sick or on vacation when you need him.
Al: Exactly. And the bank is able to audit what it does as executor.
Jack: How good is the bank at helping my heirs with taxes? I wouldn’t want my wife and
children to be faced with more tax payments than necessary.
Al: The Trust Department specializes in planning for estate taxes. They’ll consult with
me about reporting income and expenses and they arrange for appraisals of your
property. They also file estate tax returns and pay the taxes.
Jack: What happens if the government has questions about the tax returns? Would my
beneficiaries have to answer them?
Al: No. if the returns are audited the bank will answer any questions that are raised by
the government. The bank will give your heirs complete information about the taxes
that are paid.
Jack: What do you do as my lawyer?
Al: Well, you give me instructions about the way which you want your property to be
distributed. You can make specific provisions about your personal property, your
real estate, your savings and your other assets. You can decide about legacies to
charity and you can name a residuary legatee.
Jack: You’ve given me a lot of useful information, Al. I think we should get to work on m
will right away. I’ll also make an appointment with the bank’s Trust Department.
That way you can bring the necessary papers to Probate Court as soon as possible.

Comprehension Check
A. State whether each of the following statements is true or false based on the dialogue that
you have just read.

1. Jack has died intestate.

2. The state will distribute Al’s estate.
3. Naming a good executor is very important.
4. Al named the Oak Street Bank as his beneficiary.
5. The bank helps your heir plan for estate taxes.

B. Answer the following questions orally.

1. Is it strange for a 35-year-old man to think about a will?

2. What happens if someone dies intestate?
3. What does an executor do?
4. How does Al know about the services of the Oak Street Bank Trust Department?
5. Why is it a good thing that the whole staff of the Trust Department serves as a
executor?
6. Why does Jack want to know if the bank will help his heirs with the estate taxes?
7. Who files tax returns for an estate?
8. What will your executor do if the government has questions about your tax returns?
9. What is a residual legatee?
10. Where will Al bring Jack’s will?

C. Composition. Write a paragraph that summarizes the things an executor has to do after
the death of a testator (the person who left a will).

Building Your Vocabulary

A. Matching. Find the words in the right-hand column that match the words closest in
meaning in the left-hand column.

1. appoint a. legacy
2. executor b. audit
3. without a will c. probate
4. give d. name
5. draw up e. estate
6. property f. trustee
7. check an account g, beneficiary
8. requirement h. compose
9. heir i. provision
10. verify j. intestate

B. Rewriting sentences. Rewrite each of the following sentences replacing the underline
word(s) with the correct form of one of the new words of this lesson.
 1. The state will divide her property.
2. Mr. Ricci was chosen as executor.
3. His son was the principal person mentioned in his will.
4. He is afraid that the government will check his tax returns.
5. The residual legacy was smaller after the executor paid all claims against Mrs.
Henderson’s estate.

PRESENTATION
I. New verbs

Draw – drew – drawn

Choose – chose – chosen
Find – found – found

II. Passive voice: be + past participle + (by + noun)

Active voice: The trustees appoint him.

Passive voice: He is appointed by the trustees.

A. Present tense

I am
He is
She
appointed by the trustees.
We
You Are
They

Note also: The trustees are appointing him.

He is being appointed by the trustees.

B. Past tense

I
He
She was
The bank
We named as executor(s).
You were
They

Note also: The teller was helping the customer.

The customer was being helped by the teller.

C. Present perfect
 I
You
We have (‘ve)
They been chosen as her lawyer(s).
He
She has (‘s)

D. Other tenses and modals.

will
would
I should
You must
He can be appointed by the bank.
It could
We may
They might
Have has to
Ought to

Structure Practice

A. Rewrite the following sentences about wills in the present tense of the passive voice.

Model: The manager opens the bank.

The bank is opened by the manager
1. The testator chooses a lawyer.
2. The lawyer draws up the will.
3. The testator names an executor.
4. The executor carries out the instructions in the will.
5. The heirs pay the taxes on the estate.

B. Rewrite the following story about Jane’s tax return in the past tense of the passive
voice.

Model: Mr. Smith left $10,000 to his church.

$10,000 was left by Mr. Smith to his church.
1. Jane sent in hex tax return.
2. The government audited Jane’s tax return.
3. They found a serious mistake.
4. Jane received a letter from the government.
5. Jane had to pay an additional $1,300.

C. Express surprise that the things asked about have not yet been completed.
Use a negative question in the present perfect of the passive voice.
 Model: “The application must be filled out.”
“What! Hasn’t it been filled out yet?”
1. The will must be drawn up.
2. His beneficiaries must be named.
3. A trust fund must be set up.
4. The estate must be settled.
5. His property must be distributed.
6. Some appraisals must be made.
7. The will must be probated.
8. Claims against the estate must be paid.
9. The returns must be audited.
10. The residual legatee must be found.

D. Using the future tense of the passive voice, tell that each of the following things will be
completed tomorrow.

Model: “When will they approve the mortgage?”

“It will be approved tomorrow.”
1. When will they lower the mortgage rate?
2. When will they bring the applications?
3. When will they send out the monthly statements?
4. When will they raise the service charge?
5. When will they pay the check?

E. Change each of the following sentences from active to passive. Keep the same tense
or modal in the new sentence as in the original.

Model: endorses
endorsed
The customer will endorse the check.
must endorse

is endorsed
was endorsed
The check will be endorsed by the customer.
must be endorsed

1. This depositor writes ten checks every month.

2. Last week Mary Latham opened a N.O.W. account.
3. Customers must present their passbooks.
4. Both parties will sign the stop payment order.
5. The bank increased all monthly charges.
6. The bank will charge a large fee for this service.
7. Those customer didn’t sign the withdrawal slips.
 8. The bank doesn’t record interest payments every week.
9. The bank should grant variable rate mortgages.
10. My husband has to send our loan application to the bank.

F. Answer each of the following questions with a sentence in the passive voice. Use the
elements of e ach cue, as in the model.

Model: “Why couldn’t you give the depositor the money?”

“withdrawal slip/sign both parties.
“The withdrawal slip was not signed by both parties”.
1. When do you receive your cancelled checks?
Return/bank monthly
2. Why did that customer have to pay a service charge?
Minimum balance/not maintained/in her account
3. How did you stop payment on that check?
An order/give/the manager
4. How will depositors know how much money is in their savings accounts?
All transactions/record/bank/in their passbooks.
5. How do checking account holders know how much money they have in their
accounts?
A record of all checks written/must/keep/them

Building Sentences

A. Link each pair of elements with the appropriate present tense form of serve as.

Model: Jane/head teller

Jane serves as head teller.
1. Trust Department/my executor
2. Passbook/record of transactions
3. Mrs. Stein/trustee of the university
4. This money/down payment on the house.
5. His apartment/hiss office

B. Expand each of the following sentences by adding the appropriate form of to be good
at. Keep the same tense as in the original sentence.

Model: The bank helps you plan for estate taxes.

The bank is good at helping you plan for estate taxes.
1. The tellers help customers.
2. That lawyer drew up wills.
3. The trustee administered the university.
4. The loan department explained loans to me.
5. The executor settles the estate.
 BANKING CONVERSATIONS

1. Explain to a friend why he or she should make a will. Tell your friend what has to be
done in order to make a will.
2. You work in the trust department of a bank. A customer comes in who wants to know
about the bank’s services as executor of wills. Explain to the customer what the bank
does as executor and why the bank is good at serving as executor.