Do you find legal terminology a challenge? Let us help you with our comprehensive glossary of legal language:
Abated
A gift is abated when the estate is insufficient to satisfy all gifts that have been made. Gifts of residue abate first, then other gifts abate proportionally unless the Will gives alternative directions.
Ab-Intestato
The succession to the property of a person who dies intestate.
Absolute
Given without any condition. For example ‘I give the residue of my estate absolutely’ means just that.
Adeemed
A gift that is no longer part of the estate at the time of death is termed to be adeemed.
Administration Of Estates Act 1925
This act still governs the distribution of and estate under the laws of intestacy (dealing with any property not covered by the provisions of a valid will). Apparently the drafters of the act looked at the provisions people made in their wills at that time and wrote the act to reflect these. Although the amounts to which spouses are entitled have been updated, the provisions have remained largely unchanged for 75 years. Details of the rules of intestacy are contained in the information section of this website.
Administrator
Is a person or persons appointed by the Probate Registry in cases of intestacy, or where there is a valid Will no executor has been appointed, or the executor refuses to act. A relative or close friend of the Testator could be asked to administer the estate in order of beneficial priority. The administator in other words is an Executor. The administrators obtain a document from the High Court to show that they have legal authority to deal with the estate. This document is called ‘Letters of Administration’. This process is not necessary if the estate comprises only of cash (does not include Bank Accounts etc) and chattels. Until the issue of the grant of letters of administration, administrators have no legal authority to act.
Administratrix
States that: – An adopted child is to be treated as the legitimate child of the married couple who adopt it or if the adoption is by one person as the legitimate child of that one person. – An adopted child is to be treated as if it were not the child of any person other than the adopting parent(s).
Adoption Act 1976
A written undertaking (oath) stating what a person knows to be the truth.
Affidavit
A written undertaking (oath) stating what a person knows to be the truth.
Agricultural Holdings Act 1986
Allows for tenant farmers to Will the tenancy to another person enabling the business to carry on as it was in their lifetime.
Anatomy Act 1984
Enables a person to express a request in the formal manner provided that his body be used after his death for anatomical examination.
Assets
All a person’s possessions.
Attestation
The appending of certain required information and signature to a document to make it valid.
Beneficiary
A person who benefits under a Will.
Bequeath
The act of giving a gift of personal property.
Bequest
Bequest is used to denote a gift of personality.
Charity
An institution or organisation set up to support worthy causes. In England there is a system for the registration of charities. See www.charity-commission.gov.uk for details
Children
This means both legitimate and (for Wills made 4th April 1988) illegitimate children and also legally adopted children. Children born by Artificial Insemination on or after 4th April 1988 and children born by In-vitro Fertilisation (IVF) since 1st August 1991 are also included within the definition.
Class Gift
A gift to a group of people defined by their relationship to the testator rather by name. For example ‘I give my estate to such of my nephews and nieces as survive me and if more than one in equal shares’ is a class gift. By the way, remember that your spouses nephews and nieces are a different class to your own.
Codicil
An addition to a Will which has to be signed and witnessed in the same way as the original Will. The witnesses DO NOT have to be the same people as on the Will. Except in emergencies, with modern word processing available, it is generally better to update the will rather than add a codicil.
Commorientes
Literally ‘dying at the same time’ A commorientes clause expressed in a Will generall deal when the person making the will and a beneficiary die one after the other. In the case of a married couple commorientes provisions may result in large tax savings if the order of death is uncertain.
Crown
Means the Government, whichever department. The ultimate beneficiary if you die intestate is either the Crown or the Duchy of Lancaster or the Duke of Cornwall – in each case the money goes to the Government, approximately £700 million each year!
Date On A Will
A will does not have to state the date on which it was signed. The date may be put in without the witnesses being present.
Deceased
A person who has died.
Decendants
Means any member of your blood line born after you such as children, grandchildren etc.
Deed Of Disclaimer
Used when a beneficiary wishes to disclaim a gift made by him in a will. The gift will then pass to any substitute is one is specified; otherwise if will pass into the residue of the estate. If a gift of residue is disclaimed without a substitute being specified, the residue will be distributed according to the laws of intestacy.
Deed Of Family Arrangement
An adult beneficiary can divert a gift made to them by will to other beneficiaries of their choice within two years of the testators death. This mechanism is often used for tax planning, for example a surviving spouse may inherit all her partner’s estate and then vary the will to gift to her children the maximum payable without tax becoming due. This means she is using both her own and her husband’s tax free bands, doubling the total amount passed to her children without tax being payable. Successive governments have threatened to change the laws allowing deeds of variation and for this and other reasons we recommend professional advice is sought before relying on this mechanism as a tax planning tool.
Demonstrative Legacy
Is a gift of a general, non specific nature, directed to be paid out of a specific fund eg a gift of a £1000.00 out of my account with Lloyds bank. If on the death of the testator there was only £500.00 in the account the deficiency would have to be made good out of the general personal estate.
Dependents
The following can apply to the court to be included in the distribution of an estate:
o Surviving Spouse
o Former Spouse who has not remarried.
o Sons or Daughters
o Stepchildren (especially if they live with the deceased)
o Any Person who was maintained by the Testator.
Devise
Is a gift of land (realty).
Disposal Of Items Prior To Death
If an item is disposed of prior to a testator’s death, it cannot be replaced by an alternative item or sum of money. If their is a possibility of such an event, a substitute item should be named. In such an event the item is said to adeem.
Disposal Of The Body/Funeral
If the body is to be used for medical research or transplant surgery, a donor card and/or notice to the next of kin should be used in addition to any reference in the Will (which may not be found or read immediately).
Dissolve
To come or bring to an end.
Distribution
The distribution of an estate to those persons entitled to it, after receiving a grant of Probate or Letters of Administration, and after paying off any debts.
Domicile
There is no exact formula for determining one’s country of domicile. Everyone is born with a country of domicile but demonstrating a permanent intention to reside in another country can change this. Hence people who are not born in England who appear to have made England their country of permanent residence may be regarded as domiciled in England.
Donatio Mortis Causa
A gift made in anticipation of death.
Donation Of Organs
Do not rely on your Will to do this as Wills are rarely read in time. Carry a donor card (available from your GP and hospitals or by calling the NHS Organ Donar Register on 0845 6060400). There is now a donor registration system so if you have one of the old style cards contact the above number.
Enduring Power Of Attorney Act 1985
Either to deed giving the power or the power itself given to someone appointed to administer to affairs of someone if they lose mental capacity. This is a sensible document for most people to put in place if they have suitable attorneys, in the hope it never has to be used, but so that it is there if needed. Approximately 1 in 4 women and 1 in 5 men lose mental capacity in their lifetime.
Enduring Power Of Attorney
This act, (as amended) enables someone (called the donor) who has mental capacity to execute a document appointing one or more people (called attorneys) to act in their legal and financial affairs should they subsequently lose their mental capacity. Such documents are extremely useful and we recommend them to most of our clients. We recommend professional advice is sought. Recent legislation (the Trustee Delegation Act 1999) prevents an attorney acting for the donor in matters of land or buildings which they co-own. If you have an Enduring Power of Attorney appointing a co-owner as attorney we recommend you seek professional advice with a view to updating it. At present there are no requirements for medical certification of the donor at the time the power is executed. These are being mooted for the future. Attorneys should also note that they have an obligation to register the power of attorney if they wish to act and the donor is showing signs of losing their mental capacity. Registration is done at the Public Guardianship Office (previously known as the Public Trustee and the Court of Protection). Contact details are available in the Enduring Power of Attorney section of this website.
Equally
To divide something into more than one but to make them all of the same quantity.
Executor
The person or persons appointed by the Testator in his/her Will to complete the administrative/legal work involved in distributing the estate. An appointed Executor can refuse the task. The Executors will obtain a document from the High Court to show that they have legal authority to deal with the property – this document is called a Grant of Probate.
Executrices
More than one executor, all of whom are female. If there are more than one executor and any one of the is male, they are known collectively as executors.
Executrix
A female Executor
Extratestamentary Document
A document made to run along side of a written Will. Containing detailed wishes not totally expressed in a Will. We suggest that you always get professional advice on extratestamentary documents to ensure that you do not inadvertently create a binding trust or contradict anything in the will itself. Income from a family trust: If the person making a will has the right of determination they may gift income they receive from a trust in their will.
