One of the major things we do at practicelaw is draft forms. When we draft new forms, we have three primary objectives: 1) getting the form legally complete and correct; 2) formatting the form so that it actually functions properly; and 3) ensuring that the language in the form is plain and easily understood, typically by forbidding unnecessary legalese to get into the form. We think we succeed with each of these, especially with the new forms we’ve developed over the last year.

We recently finished a review session with attorneys for a new set of probate forms, including one known as an Irrevocable Stock Power. This form, at least in probate matters, gives the transfer agent of a financial institution the power to transfer the stock of a decedent to the appropriate person, typically at the request of the estate’s personal representative. In authorizing and providing the power to transfer the shares, nearly every irrevocable stock power form ends with the phrase “with full power of substitution in the premises.” The phrase is intended to mean with full power to substitute for the decedent in transferring the stock. But, when we highlighted the phrase and asked a roomful of attorneys to explain why it remains worded so oddly, I got a familiar response. Not sure, it’s just been that way for years.

It’s likely been that way for many years, and I bet hundreds. I’m searching for the origin now and hope to have an update soon. In the meantime, we’ve left it in because, well, everyone else does. But once we fully understand its origin and determine how to put the phrase into plain English, it will change.