Wills and Probate and Deceased Estate
Legal Terms Beginning with “A” Often Used in Wills and Probate
- Abatement
- the deceased’s debts are paid out of the deceased’s assets so all legacies are reduced by any shortfall after payment of the debts
- Ademption
- where a Testator leaves a specific bequest, and it is not in fact present in the estate at date of death, the bequest fails
- Administrator
- a person nominated to administer a deceased estate, authority comes from the Grant of Probate
- Assets
- anything of value or usefulness that is owned by the deceased
Legal Terms Beginning with “B” Often Used in Wills and Probate
- Beneficiary
- any person or entity due to benefit from a deceased estate
- Bequest
- a gift of chattels or property under a will
Legal Terms Beginning with “C” Often Used in Wills and Probate
- Codicil
- a testamentary document intended to alter the provisions of an existing will
- Contingent gift
- a gift given to a beneficiary under a will, possibly but not certainly
- Capacity
- capability; in order to have the capacity to do so a person making a will must be at least 18 years old (UNLESS on active Military Service or a Mariner or Seaman at Sea which is called a Privileged Will) and of sound mind
Legal Terms Beginning With “D” Often Used in Wills and Probate
Domicile
- the place a person usually regards as their permanent home
- Domicile of Origin
- the person’s parents domicile at birth, and determined by the parent’s marital status
- Domicile of Choice
- the place a person has chosen to regard as their permanent home despite having been previously domiciled elsewhere
Legal Terms Beginning With “E” Often Used in Wills and Probate
- Estate
- consists of everything a deceased person owns at date of death and includes the liabilities they may have
- Executor
- someone nominated in a will to settle the estate of the deceased, their authority comes from the will
Legal Terms Beginning With “F” Often Used in Wills and Probate
- Family Provision
- supplying or fitting out members of a fundamental social group typically parents and children, including those maintained as such prior to a Testator’s death
- Forfeiture
- a person may not benefit under a will from a crime they committed and any benefit they may have gained will be lost
- Forfeit
- a benefit lost or surrendered as a penalty
Legal Terms Beginning With “G” Often Used in Wills and Probate
- Guardian
- a person appointed to take care of the person and affairs of a minor or incompetent adult
- Gift over
- a gift given in a will which passes in turn to another beneficiary, should the original beneficiary not survive a given date or event
Legal Terms Beginning With “H” Often Used in Wills and Probate
- Heir
- an individual who succeeds to property
- Hereditament
- something capable of being inherited
Legal Terms Beginning With “I” Often Used in Wills and Probate
- Intestate
- dying without leaving a valid will
- Intention
- the person doing a will must intend to do so (make a will)
- Insurance Policy - Deceased’s Life
- the proceeds are paid to the deceased estate and distributed under the Will
- Insurance Policy - named beneficiary
- the proceeds are paid to the beneficiary named in the policy
- Interest in Possession
- an interest for life in a gift left under a will
Legal Terms Beginning With “J” Often Used in Wills and Probate
- Joint Tenancy
- when two or more persons are owners of property
- Jurisdiction
- a legal right to pass judgement in a defined geographical area
Legal Terms Beginning With “K” Often Used in Wills and Probate
- Kinship
- family relationship by blood, adoption or marriage
Legal Terms Beginning With “L” Often Used in Wills and Probate
- Lapse
- where a beneficiary has predeceased the death of the person conferring a benefit the benefit falls away
- Legacy
- property bequeathed to another by will
- Life interest
- an interest in a bequest which only last for the lifetime of the person receiving it
Legal Terms Beginning With “M” Often Used in Wills and Probate
- Mental Capacity
- being of sound mind
- Maintenance
- a periodic or lumpsum payment made towards the expense support and upkeep of a person entitled to such benefit
Legal Terms Beginning With “N” Often Used in Wills and Probate
- Next of Kin
- the nearest blood relative of the deceased
- Name
- a unique combination given to a person usually at birth entitling them to exercise their legal rights under their name such as to draw a will
Legal Terms Beginning With “O” Often Used in Wills and Probate
- Obligation
- a requirement established by law; see Family Provision
- Order
- a direction given by the judiciary
Legal Terms Beginning With “P” Often Used in Wills and Probate
- Partially Testate
- dying leaving a valid will for part but not all of the Testator’s estate
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- Pecuniary
- that which can be valued in money
- Pecuniary legacy
- a gift to a beneficiary sounding in money
- Personal Representatives
- the Administrators and Executives acting for the deceased
- Privileged Will
- a person younger than 18 on active Military Service or a Mariner or Seaman at Sea may make a valid will
- Probate
- the formal Certificate issued that certifies a will has been proven, validated and registered and gives authority to wind up the deceased estate in accordance with the will so proven
Legal Terms Beginning With “Q” Often Used in Wills and Probate
- Quantum
- amount or extent in Latin such as the amount of an inheritance
- Quash
- to set aside
Legal Terms Beginning With “R” Often Used in Wills and Probate
- Residue
- the part of an estate left over after payment of all liabilities and legacies
- Revocation
- the act of burning, tearing or otherwise destroying with intention
- Revoke
- an act or recall or annulment
Legal Terms Beginning With “S” Often Used in Wills and Probate
- Signed
- the act of signing one’s name
- Signature
- signed name, initials, or mark or thumb print intended to be regarded as a signature
Legal Terms Beginning With “T” Often Used in Wills and Probate
- Tenancy in common
- a joint estate
- Testator
- a man or woman who makes a will (a woman is sometimes called a Testatrix)
- Testatrix
- a woman who makes a will
- Trustee
- one who holds legal title to a property in order to administer it for another
Legal Terms Beginning With “U” Often Used in Wills and Probate
- Uncertainty
- where a legacy is not described with sufficient clarity the gift will fail
Legal Terms Beginning With “V” Often Used in Wills and Probate
- Vested
- settled or absolute, without a contingency
- Valuation
- an expert opinion giving the market value of an item
Legal Terms Beginning With “W” Often Used in Wills and Probate
- Will
- a document setting out the future intentions of the Testator or Testatrix for the distribution of their estate assets after death
- Witness
- a person who can give a first- hand account; a person to be present at a transaction to attest it took place such as the signing of a will
- Wholly Testate
- dying leaving a valid will dealing with the whole estate of a deceased person
Legal Terms Beginning With “X” Often Used in Wills and Probate
- X
- a mark often made by illiterate signatories to a will or legal document
Legal Terms Beginning With “Y” Often Used in Wills and Probate
- Youth
- a minor person under the age of legal competence
Legal Terms Beginning With “Z” Often Used in Wills and Probate
- Zero
- no quantity or number
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