Estate Administration - Glossary of Terms

Administration Personal representative of a person who has died without a will or without appointing an executor
Beneficiary The person or organization receiving part of the estate or benefitting under a trust
Capital gains tax The tax charged on the increase in value of assets between acquisition and disposal
Caveat A legal device which will prevent a personal representative from being able to obtain a grant of representation
Chattels Personal possessions
Codicil A document written by a testator which varies a Will
Deed of variation A document written by a beneficiary of an estate to vary the distribution of his share of the estate
Discretionary trust A flexible trust where the trustees can decide how and when to give assets to a beneficiary
Domicile The tax concept that governs the chargeability of inheritance tax in the UK
Estate Everything owned by the deceased on the date of death 
Executor  Someone appointed under a Will to act as a deceased’s personal representative 
Guardian  The person, after the death of the parents, appointed to look after the interests and welfare of children under the age of 18 
Grant of representation  The legal document (e.g., probate or letters of administration) needed by the personal representative to administer an estate 
Inheritance tax  The tax that arises when someone dies or sometimes when gifts are made into trust during your lifetime 
Interest in possession  The right to receive the income generated by the assets held on trust 
Intestacy  The legal rules that apply when someone dies without a Will 
Joint tenancy  A way to own property and ensure that on death it will pass to the surviving owner, irrespective of the terms of any Will 
Legacy  A specific gift under a Will 
Legatee  The person who receives a specific gift under a Will 
Letters of administration  The legal document issued to an administrator to enable the estate to be administered 
Liabilities  What is owed by the deceased at the time of death and which are deductible for inheritance tax purposes 
Nil rate band  The amount we can all give away which will be free of inheritance tax 
Oath  The document that a personal representative needs to swear before the grant of representation can be issued 
Personal representative  The person who is responsible for administering the deceased’s estate 
Power reserved  When an appointed executor doesn’t take out a grant of representation but might still want to act as an executor in the future 
Probate  The legal document issued to an executor confirming the validity of the Will and enabling the executor to administer the estate 
Probate registry  The branch of the High Court responsible to overseeing the administration of estates 
Renunciation  The procedure an appointed executor will need to follow if decides he never wants to act in the estate 
Residuary estate  The bulk of the estate after the payment of legacies, liabilities and any expenses connected with the administration of the estate 
Settlement  Another name for a trust 
Tenancy in common  A way to own property jointly but still control the destination of your share of the property on death 
Testator  Someone who makes a Will 
Transferable nil rate band  A second nil rate band available on the death of a surviving spouse or civil partner 
Trust  Where assets are held on certain terms by trustees for beneficiaries 
Trustee  Someone who holds assets in trust for the benefit of someone else 
Will  The document that records your wishes about the distribution of your estate 

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Lee Young
Partner - Wills & Tax
T: 01202 491701 (DDI)
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