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There are lots of legal words used when dealing with Wills and estate planning
provisions. Here is a guide to the most common ones you are likely to hear:


Administrator – this is a person who is appointed by law to settle the affairs of someone who
dies without a Will. It is usually the deceased person’s next of kin.

 

Beneficiary – this is anyone (a person, organisation or charity etc) who is left an inheritance
(legacy, gift, trust) in the Will, or if there is no Will, under the ‘Intestacy Rules’.

 

Substitute beneficiary – if a beneficiary dies before the testator, a substitutional beneficiary will
receive a gift in their place – eg the child of a predeceased beneficiary.

 

Bereaved – those surviving the deceased.

 

Crown or Treasury – this refers to the Government.  If you don’t have a Will and have no next of
kin, the Crown receives your estate.

 

Deceased – the person who has died.

 

Dependents – this is anyone who is cared for by the Testator (the person whose Will it is).
It normally includes children, spouse or elderly/sick relatives. 

 

Executor (Executrix for a woman) – this is the person or people you choose to make sure the instructions in your Will are carried out.
You can choose a family member, a friend or a probate professional. An Executor may also be a beneficiary of the Will.

 

Guardian – this is someone named in a Will who is appointed to take parental responsibility for any children aged under 18 at the time of the testator’s death.
They are legally referred to as a ‘testamentary guardian’.

 

Issue – this refers to a person’s lineal descendants. This means their children, grandchildren and great-grandchildren.
It does not include step-children.

 

Personal Representative – this is a general term for anyone in charge of administering a deceased person’s estate.
It could refer to an Executor or Administrator of the Will.  

 

Power of Attorney (General) – a General Power of Attorney may be granted by Executors or Administrators to probate professionals to allow them
to deal with the Will and the estate, without having to ask the Executors to sign everything.

 

Trustee – this is a person or a Trust Corporation appointed to administer any Trust created by a Will or arising under the Rules of Intestacy (when there is no Will).

 

Testator (Testatrix for a woman) – this is the person making the Will.

 

Child of the Testatorthis refers to the ‘legal’ definition of children of the Testator and includes legitimate, illegitimate, adopted
and some surrogate children, but not step-children.

 

Wards of Court – orphaned minor children (under 18) with no appointed guardians are made wards of court. The court then decides where they should live and with whom. 

 

Witness – you must have two witnesses to watch you sign your Will. They must be present at the same time together,
and you must then watch them also sign it. A beneficiary of your Will (or their spouse) must not be a witness, or they will lose any gift made by the Will.

 

A good Will Writer will make sure you understand the legal jargon that will be used in your Will, and ensure your Will reflects your wishes and achieves your objectives.

Heir Tight Wills helps clients put in place robust provisions and valid documents, to protect their loved ones and their assets both during their lifetime and after their death.  For a FREE Consultation to discuss writing or updating your Will & estate planning provisions – in plain English, contact Rachael Rodgers on 0845 519 7585, or CONTACT US via email.

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