Wills And Probate Glossary

Administrator - The personal representative administers the estate, paying debts and taxes and distributing property as instructed by the will. Sometimes a court appoints a person to administer an estate when there is no valid will when the will does not name executors or the named executors are not able and willing to act.
Assets - An estate is the legal term for all of the assets that a person owns.
Attorney - With a lasting power of attorney, you can take control of an individual's financial affairs if they have become unable to do so themselves. The document allows you to make decisions regarding the individual's maintenance and health care, spending of their income and property, and whether they should be moved into a care home.
Beneficiary - A beneficiary is someone (or an organisation) who has been left something in a will or trust.
Bequests - A bequest is a gift left to someone in a will. Bequests usually include money or personal items.
You can use the probate registry procedure at the provider where you bank or work, to ensure that you are informed if anyone applies to be the executor or administrator of an estate. You then have the chance to discuss your concerns or take court action.
Caveat - You can use the probate registry procedure at the provider where you bank or work, to ensure that you are informed if anyone applies to be the executor or administrator of an estate. You then have the chance to discuss your concerns or take court action.
Civil Partnership - Civil partnership is a legally recognised, formal relationship between two people of the same sex (lesbian and gay) or opposite sex, who can receive the same financial, legal and tax advantages as married couples.is a legally recognised, formal relationship between two people of the same sex (lesbian and gay) or opposite sex, who can receive the same financial, legal and tax advantages as married couples.
Codicil - When preparing a will, some people may be unsure how to ensure that sure gifts they make are kept secret. While it is possible to write down the details of a gift in the body of a will, it is illegal to do so. A codicil is a legal document that amends the terms of a will. It can be used to add provisions for heirs or beneficiaries that were not in the initial will and keep any changes secret from those who do not need to be aware of them.
Coroner - The death of a loved one is one of the most challenging times for anyone. The police will investigate if the death is considered suspicious, unexpected or unnatural. A Coroner's Office investigation follows the same procedures as a police investigation, but some important differences are worth knowing about.
Court of Protection - The second-tier tribunal in England and Wales that deals with applications for deputyships and questions relating to people who cannot make their own decisions due to mental disorders or otherwise.
Deputyship - A deputy is a person who has been appointed by the Court of Protection to manage the affairs of an adult who lacks mental capacity. The deputy makes decisions on their behalf. They are usually appointed because they can no longer make decisions for themselves or cannot do so because of illness or disability.
Donor - A lasting power of attorney is a legal arrangement where a person chooses someone to make decisions on their behalf. A person may want to appoint a lasting power of attorney if they feel that they may lose capacity in the future and want someone to make decisions for them.
Enduring Power of Attorney - Enduring powers of attorney are legal arrangements that allow you to choose a trusted person to manage your finances and personal life for you if you lose your mental capacity. The three most common types of power of attorney are lasting, general and financial.
Estate - The deceased estate administration is the process by which a person's assets (e.g., money, investments, property, personal possessions) are collected and administered. In most countries, this process is governed by some form of probate law, which in turn derives from common law.
Estate Administration - An estate administrator is in charge of hundreds of legal and tax responsibilities after someone dies. Because it can be a very stressful time for family members, the estate administrator coordinates the administration process, ensuring that the family and other beneficiaries are kept informed at all times. They also deal with the deceased person’s financial affairs, distribute money from the estate, deal with investigations from government agencies and tackle any outstanding tax liabilities.
Executor - An executor is an individual who has been named in a valid will to administer a deceased person's estate. This entails the legal process of probate, which includes filing the will with the court, inventorying the deceased person's property, paying debts and taxes, transferring assets to beneficiaries (if so specified), closing bank accounts, and distributing assets as specified in the will.
Exemption - Certain transfers and gifts made by an individual to family members on marriage or civil partnership are exempt from inheritance tax (IHT). The actual amount of the exemption depends on the relationship between the person who died and the inheritor of his property.
Grant of Probate - An official court document that confirms the executors' legal authority under a will to deal with an estate. A probate is started by a Grant of Probate.
Grant of Representation - An official grant of representation will be needed to deal with the deceased's life and financial affairs in death. This document confirms who has the legal authority to do so, and it must be completed by a qualified individual such as a solicitor or court officer.
Inheritance Tax Threshold - A person can leave the amount to their family and friends at death before potentially being liable for tax. The current threshold is £325,000. However, with recent legislation, the Government has indicated that it would reduce the threshold further.
Intestacy - Intestacy is the situation that exists when someone dies without having made a will and their estate must be distributed according to set rules of intestacy. Following are some basic definitions, a summary of the main ways of becoming intestate, and how an estate can be distributed according to set rules.
Joint Tenants - If you both own your home and one of you dies, the other automatically inherits the whole property. If you're married or in a civil partnership, neither of you can leave your home (or a share in it) to anyone else in your will.
Lasting Power of Attorney -  It's a legal document that gives an attorney the power to decide on your behalf concerning property and financial affairs or health and welfare.
Legacy - Legacies are a gift left to someone in a will, and they cannot be accessed for at least 12 months after the last of the account holders dies. There is no tax to pay on the amounts received from a legacy until it is needed.
Letters of Administration - Official court documents that confirm the appointment of someone to act as the administrator for an estate. They're helpful when someone dies without leaving a Will, and no specific wishes can be ascertained. Still, they must be issued by a UK Court, which means somebody will need to gather all of the required supporting documents and be prepared to attend a hearing in person.
Medical Certificate - The medical certificate is a record of an official examination of the body after death that is completed by a physician. The medical certificate is needed to register a death.
Office of the Public Guardian - The Office of the Public Guardian (OPG) deals with the registration of lasting powers of attorney (LPA) and the supervision of deputies.
Pecuniary Bequest - An old legal term that refers to a gift made in a will of a specific sum of money instead of other types of gifts or legacies.
Personal Representative - A personal representative is responsible for administering an estate and distributing the money or property left by someone who has died.
Post Mortem - A medical examination of a deceased person that may be necessary if the cause of death is unclear or suspicious. A post mortem may also be performed to determine the sex, age and other pharmacological information about the deceased.
Probate - The process in which the executors or administrators of a deceased person's estate get the court's permission to deal with it. A probate court supervises a testator's final wishes when disposing of property, paying debts, and distributing assets to beneficiaries.
Probate Registry - The Registration Service at the Probate Registry as part of the HM Courts and Tribunals Service is a one stop shop for all types of probate. Whatever type of estate you have to deal with, this website will provide the information you need and the tools you require.
Register Office - A death needs to be registered with a local Register Office. This is usually done within five days of the death. The time limit can, however, vary depending on circumstances. A death may be registered either by an immediate relative who was present when the person died or by anyone with knowledge of the person's death.
Renounce Executorship - With this document, you can officially renounce your role as the executor of a deceased person's estate. Although you may have already started to administer the estate by this point, the executor's job is not automatically yours. To be released from your position, you must either request permission or apply for release from HM Revenue & Customs.
Residue - This is what has been left of an estate after all the specific gifts and other gives have been made, and debts and inheritance tax paid out. Basically, it is the balance of the estate remaining to the beneficiaries. If there is nothing left after all of the above items, then there is no residue.
Rules of Intestacy - The residue is left of an estate after all the specific gifts, and other gives have been made and debts and inheritance tax paid out. It is the balance of the estate remaining to the beneficiaries. There is no residue if there is nothing left after all of the above items.
Specific Bequest - A gift in a will of a particular asset (e.g. a piece of jewellery) owned by the deceased. Excess - The amount left from gifts under a will after meeting specific bequests and making any requested distributions to the spouse, children and charitable organisations.
Tenancy in Common - An alternative to a joint tenancy, in which there is no right of survivorship for the co-owners. In this arrangement, one co-owner's interest continues after his death, with ownership going to the designated beneficiary. Tenancy in common is used when the owners are not married, and they each want different people to inherit their ownership interests.
Testator - A person who makes a will. The creator of a last will and testament.
Trust - A will allows a person to leave possessions to others and ensure that their funeral wishes are carried out. Properly witnessed, a will is a valid legal document that must be stored safely until it is passed to the executor.
Will - This sets out how you want your assets to be distributed when you die. If you don't make a Will, the law will decide who inherits your assets. In this case, your assets won't necessarily go to the people you want to inherit them following your death. Making a Will is a legal requirement, and the contents must be signed in front of two witnesses.
Witness - A witness to a will sees the person writing their will or if written by an attorney, the attorney. Witnesses must be present in the state where the will is written and signed in the testator's presence or written attesting to their identity. In states that require physical two witnesses, both must see the actual document to pass on its contents.