Legal Glossary

Plain-English definitions of common terms used in wills, probate, and estate planning.

A

Administrator

A person appointed by the court to manage the estate of someone who died without a will (intestate). Similar to an executor, but appointed by the court rather than named in a will.

Attorney

In the context of Lasting Powers of Attorney, an attorney is the person you appoint to make decisions on your behalf. This is different from the American usage meaning 'lawyer'.

B

Beneficiary

A person or organisation that receives something from your estate under your will or intestacy rules. Also used for someone who benefits from a trust or life insurance policy.

Bequest

A gift of personal property (not land or buildings) left in a will. Often used interchangeably with 'legacy', though technically a bequest refers to personal items while a legacy often means money.

C

Codicil

A document that amends an existing will without replacing it entirely. Must be signed and witnessed with the same formalities as a will. For significant changes, it's usually better to make a new will.

D

Donee

Another term for an attorney under a Lasting Power of Attorney — the person who receives the power to act on your behalf.

Donor

The person who creates a Lasting Power of Attorney — the person granting the power to someone else.

E

Estate

Everything you own at the time of your death, including property, money, investments, possessions, and any debts. Your estate is what gets distributed according to your will or intestacy rules.

Executor

A person named in your will to administer your estate after you die. Their duties include collecting assets, paying debts and taxes, and distributing the estate to beneficiaries. You can appoint up to four executors.

G

Grant of Probate

The legal document issued by the Probate Registry that confirms an executor's authority to deal with a deceased person's estate. Required for most estates over a certain value.

Guardian

A person appointed in your will to care for your children under 18 if both parents die. Only a will can appoint guardians — without one, the courts decide who raises your children.

I

Inheritance Tax (IHT)

A tax on the estate of someone who has died, charged at 40% on the value above the nil-rate band (currently £325,000). Various exemptions and reliefs can reduce or eliminate IHT.

Intestacy / Intestate

Dying 'intestate' means dying without a valid will. 'Intestacy rules' are the legal rules that determine who inherits when there's no will. These rules may not match what the deceased would have wanted.

L

Lasting Power of Attorney (LPA)

A legal document that lets you appoint someone to make decisions on your behalf if you lose mental capacity. There are two types: Property and Financial Affairs, and Health and Welfare.

Legacy

A gift left in a will, typically referring to a sum of money. 'Pecuniary legacy' specifically means a cash gift of a fixed amount.

Letters of Administration

The legal document issued by the Probate Registry when someone dies intestate (without a will). It gives the administrator authority to deal with the estate, similar to a Grant of Probate.

Life Interest

The right to benefit from an asset (such as living in a property or receiving income from investments) during your lifetime, after which the asset passes to someone else. Often used in trusts.

N

Nil-Rate Band

The threshold below which no inheritance tax is payable. Currently £325,000 per person. A married couple's unused nil-rate band can be transferred to the surviving spouse.

P

Probate

The legal process of administering a deceased person's estate. This includes proving the will is valid, valuing assets, paying debts and taxes, and distributing the estate. 'Probate' is also used informally to refer to the Grant of Probate.

R

Residuary Estate / Residue

What remains of your estate after all debts, taxes, expenses, and specific gifts have been paid. Most wills leave the residue to the main beneficiaries (often spouse and/or children).

T

Testamentary Capacity

The legal and mental ability to make a valid will. You must understand what a will is, know roughly what you own, understand who might expect to inherit, and not be suffering from any disorder that affects these judgments.

Testator / Testatrix

The person who makes a will. 'Testator' traditionally referred to a man and 'testatrix' to a woman, but 'testator' is now commonly used for anyone.

Trust

A legal arrangement where assets are held by trustees for the benefit of beneficiaries. Trusts can be created during your lifetime or in your will, and are used for various purposes including protecting assets and managing inheritance for minors.

Trustee

A person responsible for managing assets held in a trust. Trustees must act in the best interests of the beneficiaries and follow the terms of the trust.

W

Will

A legal document that sets out your wishes for what happens to your estate after you die. To be valid in England and Wales, it must be in writing, signed by you in the presence of two witnesses, who must also sign.

Witness

A person who watches you sign your will and then signs it themselves to confirm they saw you sign. Witnesses must be 18+, must not be beneficiaries (or married to beneficiaries), and must be present at the same time.