Applying for probate Jargon buster

Applying for probate can be time consuming

Administrator: Name given to a personal representative if not appointed by a valid will.

Affidavit: Declaration in writing made upon oath before someone who is authorised to administer oaths.

Assets: The value of an estate.

Beneficiary: Person (or persons) who benefits from a will

Bequest: Gift of a particular object or cash (as opposed to ‘devise’, which means land or buildings).

Chattels: Personal belongings, eg jewellery, furniture, wine, pictures, books, even cars and horses not used for business. Does not include money or investments.

Codicil: Document altering an existing will.

Contingent: Where an event must happen before a gift can be made, eg the beneficiary must reach 21 before any payment can be made.

Demise: Grant of a lease.

Devise: Gift of house or land.

Enduring power of attorney: A form that authorises someone to act on another’s behalf.

When talking about 'the estate' you're likely to be referring to the family home

Estate: All the assets and property of the deceased, including houses, cars, investments, money and personal belongings.

Executor: Name given to a personal representative if he or she is appointed by a valid will or codicil.

Executor-dative: Administrator appointed by the court for a person who dies intestate.

Grant of probate: Document issued by the probate registry to the executors of a will to authorise them to administer the estate.

Guardian: Person who would become responsible for your children in the event of your death before your children are 18 years old.

Inheritance tax (IHT): Tax that may be payable when the total estate of the deceased person exceeds a set threshold (subject to various exemptions and adjustments).

Intestate: Person who dies without making a will.

Legacy: Gift of money or object.

Letters of administration: Document issued by the probate registry to the administer the estate of an intestate person.

Life interest: Gift that gives someone the right to income from an asset or the right to occupation of a property for the duration of their life after which the asset or property passes to someone else mentioned in the gift (known as the remainderman).

Minor: Person under 18 years of age.

When reading a will, beneficiaries will be referred to as a 'named persons'

Named person: Person who is named in the will.

Next of kin: Person entitled to the estate when a person dies intestate.

Personal estate or personalty: All the investments and belongings of a person apart from land and buildings.

Personal representative: General term for both administrators and executors.

Prior rights: Rights to the house, its furnishings and a cash sum. Except in the case of larger estates, where intestacy is rare, prior rights often mean that the surviving spouse inherits the entire estate. 

Probate of the will: Document issued to executors by a probate registry in England, Wales and Northern Ireland to authorise them to administer the estate.

Probate registry: Government office that deals with probate matters. The Principal Probate Registry is in London with district registries in cities and some large towns.

Real estate or realty: Land and buildings owned by a person.

Residue: What is left of the estate to share out after all the debts and specific bequests and legacies have been paid.

Solvent: Value of the assets exceeds any debts and liabilities.

Testator: Person who makes a will.

Trustee: Person responsible for administering a trust.

Will: The document in which you say what is to happen to your possessions on your death.

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