Precision Over Poetry: Why "Legalese" Actually Protects Your Estate

Precision Over Poetry: Why "Legalese" Actually Protects Your Estate

By Melinda Gustafson Gervasi

December 19, 2025 

In Season 3, Episode 5 of Fisk, we see Helen powering through a marathon of client meetings while the rest of the office descends into its usual brand of chaos. But one specific client interaction perfectly captures a question I hear almost weekly in my own office: “Why does a Will have to have so much legalese?”

In this episode, Helen is presented with a Will written by a poet. Seeking to make his final testament a "work of art," he traded clarity for metaphor. Helen’s reaction—“Yeah, I’m sorry, what am I looking at here?”—is the exact face many executors make when they encounter a DIY or "creative" Will.

The Problem with "Art" in Legal Documents

As Helen wisely points out, “Art means different things to different people.” While that is the beauty of poetry, it is the downfall of an estate plan.

When a Will goes to probate, we aren't looking for emotional resonance; we are looking for certainty. The court needs to know exactly what the testator intended, without room for interpretation. Consider the difference:

The Artistic Approach: "I leave my treasures to those who shared my blood and my heart."

The Legal Approach: "I leave my residuary estate in equal shares to my children, [Name] and [Name], per stirpes."

If you leave it to "family," does that include your third cousin twice removed? Does it include an estranged sibling? In law, ambiguity equals litigation. By defining terms like "family," "issue," or "personal property," we aren't being pedantic—we are building a fence around your assets to keep them out of court.

Where to Be Creative: The Letter of Wishes

I agree wholeheartedly with Helen’s suggestion: if you have a poetic soul, save it for the Letter of Wishes.  A Letter of Wishes is a non-binding document that sits alongside your Will. This is the place where you can:

• Explain the why behind your decisions.
• Share your hopes for how your grandchildren use their inheritance.
• Express your final "artistic hurrah" in your own voice.

Because it isn't a formal legal instrument, it doesn't need to be written in "legalese." It allows you to be a human being, while your Will does the heavy lifting of being a legal shield.

Your Will should be many things—organized, comprehensive, and valid—but it should never be "open to interpretation." Let’s leave the metaphors to the poets and the precision to the practitioners.

Thank you for reading.  Remember that a blog is not legal advice, it is meant to spark thought and reflection.  It is always best to seek legal counsel from an attorney in your home state.  Be well!