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Common legal terms used in Will writing and Probate

Administrator : The name given to a personal representative, if not appointed by a valid Will. The Administrator will need to obtain letters of administration to prove that they have legal authority to deal with the property of the deceased.

Assets: The value of an estate.

Beneficiary: Person who benefits from a Will. 

Codicil: A document that alters an existing Will.

Co-habitee: A partner of the deceased who may be able to claim a share of the estate. The term ‘common-law wife’ has no legal force.

Contingent: Where an event must happen before a gift can be made – eg – a child must reach the age of 18 before payment can be made. The child has a ‘contingent’ rather than an absolute entitlement to the money.

Devise: A gift of land or property. 

Enduring Power of Attorney : A form that authorises someone to act on another’s behalf.

Estate: All the assets and property of the deceased. 

Executor : The name given to a personal representative appointed by a valid Will or Codicil. The Executor usually has to apply for probate of the Will to prove they have legal authority to deal with the estate.

Grant of Probate: The document issued by the Probate Registry to the Executors of a Will, giving them authorisation to administer the estate.

Inheritance Tax: Tax payable when the estate of the deceased exceeds the set threshold.

Intestate: A. person who dies not having made a legally valid Will.

Legacy: A gift or bequest of real or personal property.

Personal Estate: All investments and belongings of the deceased other than land and buildings.

Probate of the Will: The document issued to Executors by a Probate Registry giving leave to administer the estate.

Residue: The remainder of an estate left to be shared out after all debts, taxes and specific legacies have been paid. 

Testator: A person who has made a legally valid Will.

Trustee: The person given legal authority to administer a Trust.

Get in touch if you need more information on this topic. For a free initial meeting please call 01202 499255 and Julie or a member of her team will be happy to discuss any questions you may have.

 

The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.

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