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Probate Department
Legal Terminology
| Question | Answer |
|---|---|
| Administration of estates | The management and distribution of a deceased person's estate |
| Administrator (masculine) | When someone dies intestate (without making a Will) |
| Administratrix | The feminie version of administrator |
| Assets | The total property of a person, firm or organisation |
| Attestation | The signature of the witness to a document's execution (signing) |
| Attestation Clause | Last clause of a Will (or other legal document) stating that the document has been signed in the presence of the witnesses |
| Beneficiary | A person entitled to benefit under the Will. A beneficiary must not witness the Will |
| Bequeath | To leave personal property to others in a Will |
| Bequest | A gift in Will of property, other than land |
| Caveat | Latin 'let a person beware' ie a warning. |
| Certified copy | A copy of an original deed or document which is signed and certified as true |
| chattels | Any property other than freehold land |
| Codicil | A separate document which amends or adds to an existing Will |
| Commissioner for oaths | Persons appointed by the Lord Chancellor to administer oaths to persons making affidavits. Most solicitors and legal executives are also commissioners for oaths |
| Deceased | A person who has died |
| Devise | A gift in a Will of lands and goods |
| Domicile | The country that a person treats as their permanent home |
| Dying without issue | To without leaving children, grandchildren or other descendants |
| Estate | The total possessions of a person when they die. Includes: property, money, possessions, investments, etc |
| Executor | (Masculine) The person appointed in a Will to administer the estate of the deceased |
| Executrix | (Feminine) The person appointed in a Will to administer the estate of the deceased |
| Heir | A person who inherits an estate |
| Inheritance | That which descends to the heir on the death of the owner |
| Intestate | The state in which a person dies without leaving a valid Will |
| Legacy | A gift of personal property |
| Pecuniary Legacy | A gift of money in a Will |
| Predecease | To die before someone else |
| Probate | A certificate giving an executor the right to administer the deceased's estate. Probate is granted by the Family Division of the High Court |
| Residue | The remains of an estate after payment of debts, funeral expenses and legacies |
| Revoke | Cancel, withdraw |
| Specific Legacy | Leaving a specific item in a Will |
| Testamentary expenses | Expenses incurred in administering a deceased's estate |
| Testator/Testarix | (Male/Female) Person who makes a Will |
| Trustee | A person appointed in a Will to administer a trust |
| Vested interest | A claim under a Will |
| Will | Declaration made in writing concerning the dispostion of property etc after death |
Created by:
Davinder Heer
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