14. Terms used in wills and probate matters

Bequest
A gift of a particular object (for example, an item of jewellery).

Child
In will or intestacy issues, a child of the person who has died includes adopted and illegitimate children, but not stepchildren (unless they are specifically mentioned).

Common-law spouse
This term has no legal force, although a partner who lived with the person who died for two years before their death may be able to claim a share of the estate.

Devise
A gift of a house or land.

Estate
All the assets and property of the person who has died, including all houses, cars, investments, money and belongings.

Executor
The person appointed in the will to deal with the estate of a person who has died.

Inheritance tax
The tax which may have to be paid when the total estate of a person who has died is more than a certain amount (currently £250,000).

Intestate
A person who dies without having made a will.

Issue
All the descendants of a person (children, grandchildren, great grandchildren and so on).

Legacy
A gift of money (usually a specific amount).

Letters of administration
The document issued to the administrators by the Probate Registry to authorise them to deal with the estate.

Life interest
The right to receive the income or benefit from a property or capital sum (but not the capital sum itself) for life.

Minor
A person under 18.

Next of kin
The person entitled to the estate when a person dies intestate (without a will).

Personal chattels
Personal belongings, including jewellery, furniture, wine, pictures, books and cars (but not money, investments, property or business assets).

Personal Estate (Personalty)
All the investments and belongings of a person apart from land and buildings.

Personal representative
A general term for both Administrators and Executors.

Probate of the will
The document issued to executors by the probate registry to authorise them to deal with the estate.

Proving the will
Making the application for probate to the probate registry.

Probate registry
A court within the Family Division of the High Court which deals with Probate and Administration matters. The Principal Registry is in London and there are district registries in other cities and some large towns.

Real estate (realty)
Land and buildings owned by a person.

Remainder man
The person who gets the property or capital sum after the death of the person holding a ‘life interest’

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

Specific bequests
Particular items gifted by the will. They may be called ‘specific legacies’.

Testator
A person who makes a will.

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