Glossary of Terms
To help lessen the burden of searching for the legal terms used when dealing with Probate. We have listed the most common Probate terms and provided a simply explanation for each.
Administrator
The Probate administrator is the person appointed to deal with the estate administration, in cases where no Will has been left. An administrator performs the same role as an executor would otherwise do and is named on the Grant of Representation. They are responsible for applying for Probate , administering the estate and distributing funds to the beneficiaries.
Affidavit
A written statement which someone makes that may be used as evidence in a Court of Law
Beneficiary
A beneficiary is any person who is due to inherit from the estate. Their inheritance may be monetary or consist of a specific item which has been bequeathed to them. Beneficiaries will either inherit as a result of being named in the deceased’s Will, by default in accordance with the Rules of Intestacy or through being named in a Deed of Variation.
Bequest
A bequest is the gift of a specific item. For example, if the deceased writes in their Will that they leave their wedding ring to their granddaughter, this is a bequest.
Codicil
A Codicil is an appendix to an existing Will. If a Will has already been made and there is just a minor alteration needed, for example increasing the amount of a pecuniary legacy, then instead of completely re-writing the Will it is suitable to draft and attach a codicil making the change.
Estate
This is the general term used to refer to everything a person owned upon their death, which then forms the inheritance due to their beneficiaries. It includes property, business interests, funds held in accounts, investments, life policies and pensions.
Executor/Executrix
The Executor (or Executrix if referring to a female) is the person appointed in the Will to administer the estate. They are legally responsible for applying for probate, which will be issued in their name, and dealing with the estate administration and distribution.
Funeral Arrangements
When a death has occurred, it is necessary to go to a Funeral Director to make arrangements regarding the organisation of the funeral. This includes choosing a coffin, what type of service is to be carried out, whether the body is to be cremated or buried, arranging flowers and many other details. Funeral Directors may also arrange repatriation if the deceased died abroad. The person responsible for dealing with this is usually the next of kin or executor named in the Will.
Inheritance Tax
Inheritance Tax is a levy charged by the government on estates worth over the Inheritance Tax threshold. The threshold is currently £325,000 but may change on a yearly basis, in accordance with the government’s annual budget. All tax due must be paid from the deceased’s estate before funds are distributed.
Intestacy
This term is used to describe an estate where the deceased has died without leaving a Will. When someone dies intestate, the estate distribution is dictated by the Rules of Intestacy.
Pecuniary Legacy
A Pecuniary Legacy is the gift of money in a Will. For example, the deceased’s children may be left £5,000 each, this is a Pecuniary Legacy.
Last Will and Testament
Often simply referred to as a ‘Will’, this is a document written to stipulate a person’s wishes regarding how they want their estate to be distributed upon their death. They may also give instructions regarding funeral arrangements.
Letters of Administration
This is the document issued by the Probate Registry in an estate where there is no Will. It is the equivalent of a Grant of Probate (where there is a Will) or a Grant of Representation. It allows the named Next of Kin to administer the estate.
Probate is the term used to describe the document issued giving the next of kin or executor authority to administer the estate.
Testator/Testatrix
The Testator (or testatrix when referring to a woman) is the person who makes a Will.
Trust
A trust is a legal arrangement where a person or organisation controls property and/or funds on behalf of another party.
Witness
A witness is someone who observes the signing of a document and then signs to attest that they have witnessed its execution. They may be called upon to swear an affidavit in the future if there is a problem with regard to the document.
