If you have been named executor of a Will or are looking to challenge an unfair Will for the first time, you are likely to be daunted by the legal terminology that some solicitors expect you to understand.
For this reason, brains has created a simple glossary of legal terms you may encounter, to help you make informed decisions with all the facts available.
Administrator
The person who, in the absence of a Will, pays off any Inheritance Tax, takes control of the deceased’s assets and divides them up among their beneficiaries. Sometimes the word executor is used instead.
Assets
Money, property and land belonging to the deceased, to be distributed among the beneficiaries. All the deceased’s assets put together are called the estate.
Beneficiary
Somebody either bequeathed (left) some of the deceased’s assets in the Will, or in the absence of a Will, somebody deemed to deserve to receive some.
Bequeathment or bequest (see also: bequeath)
An instruction written by the testator (the person whose will it is) to pass some of their assets to a person upon their death. Also can refer to the gifted assets themselves.
Bequeath
The act of leaving a bequest.
Deceased
The deceased is the person who has died.
Estate
The sum (total) of the deceased’s assets including all monies, property and land – minus any debts.
Executor
The person named in the Will who is responsible for carrying out its instructions – or someone who takes up that responsibility if the named executor is unable or unwilling to perform the necessary duties (you can find out more about those duties here).
Grant of Probate
Official, government permission for an executor to own and use Probate. brains solicitors can help you obtain this as part of our executor support service.
Grant of Letters of Administration
Official, governmental permission for an administrator to own and use Letters of Administration. Again, brains solicitors can help you obtain this as part of our executor support service.
Inheritance Tax (IHT)
The tax that is paid on an estate if it is valued at more than (at time of writing) £325,000. This must be paid before the executor or administrator can receive grant of probate or grant of Letters of Administration, respectively.
Intestate
A person is said to have died intestate if they have died without leaving a Will. For information on finding a Will, click here.
Intestacy
The state of having died without leaving a Will.
Letters of Administration
The official documents allowing an administrator to gain control of the deceased’s assets and distribute them according to their best judgement. If you need to obtain these, brains solicitors can help through our executor support service.
Last Will and Testament
A document, written prior to death and in the presence of two witnesses, which names the executor of an estate, and beneficiaries from it. Also called a Will.
Probate Registry
The official office granting Probate and Letters of Administration.
Probate
An official document allowing a Will’s executor to take control of the deceased’s assets, in order to distribute them according to the wishes of the deceased.
Testator
The person who writes, or dictates, their Will.
Undue Influence or Coercion
In this context, persuading somsone to write their Will in a way that is not in the best interests of the testator or their family, and which they would not do unless so persuaded, by force, intimidation or trickery. Find out more about challenging an unfair will here.
Will (see Last Will and Testament)
Usually the same as Last Will and Testament, although it is possible for Will to refer to earlier versions of the final document, which may be used if that the Last Will and Testament is successfully contested.