Glossary of Terms

Helpful terms when someone has died or when making your will:

Grant of Probate – A legal document confirming the authority of executors under a will to administer an estate.

Grant of Letters of Administration – The equivalent to a Grant of Probate, but when a person dies without a will, or without appointing executors.

Grant of Representation – An umbrella term covering Grant of Probate and Grant of Letters of Administration.

Administration of an Estate – The process of dealing with a deceased’s affairs. This would normally include dealing with their tax affairs, obtaining a Grant of Representation, settling assets and liabilities of the estate and splitting their estate in accordance with their will or the Laws of Intestacy. See our estate administration roadmap for more information.

Executors – The people appointed in a will to deal with the administration of an estate.

Administrators – The people appointed under a Grant of Letters of Administration to deal with the administration of an estate. There are rules determining who can apply to be an Administrator which our experts would be happy to discuss with you. The Laws of Intestacy govern who can be an Administrator if someone dies without a valid will appointing Executors.

Personal Representatives – An umbrella term for the Executors or Administrators.

Laws of Intestacy – also known as the rules of intestacy. This refers to the laws which govern what happens to someone’s estate and how it can be administered when someone dies without a will.

Probate Disbursements – Disbursements are third party expenses paid on your behalf. There are not many disbursements connected to the administration of an estate. The main one is the Probate Court fee. Others might include oath fees if an affidavit is required, estate agents fees for valuing and/or marketing a house or the fees for lodging Statutory Advertisements.

Probate Court fee – This is the fee charged by the Probate Registry for dealing with a Probate Application. When submitted by a solicitor the Probate Court fee is currently £273 plus £1.50 per copy applied for.

Statutory Advertisements – We sometimes advise lodging Statutory Advertisements to protect the Personal Representatives from personal liability, particularly in respect of unknown debts. These are also sometimes referred to as Trustee Act Notices or Section 27 Notices.

Testator – the will-maker.

Beneficiaries – the people who benefit from your will, i.e. those who are left money or property or a share of your estate in your will.

Single Will – a will made by a single person disposing of their estate.

Mirror Wills – generally wills made by married couples, those in registered Civil Partnerships or cohabiting couples. Typically in mirror wills the first person to die leaves everything to the survivor and the survivor then leaves their estate to the chosen beneficiaries, usually children. Both wills will have the same beneficiaries on second death as only one of the Testators will die second. It would always be open to the survivor to change his or her will after the first person dies.

Life Interest Trust Wills – mirror wills whereby the first to die leaves his or her share of their main residence which they own and live at together to the survivor “on trust for life”. This means that the survivor can live at the property for their lifetime without their occupation of it being restricted in any way. The wills will also then set out where the property passes after the survivor dies. These trusts are useful in safeguarding the half share of the property of the first to die from remarriage and/or nursing home fees.

Life Interest Trust – a trust by which someone can have the present enoyment of an asset for their lifetime, and then the asset passes elsewhere. These are often used in relation to property, for example setting out you and your spouse can live at your property for your lifetime, and then where it passed thereafter. These trusts are often used for safeguarding property for children, as above.

Severance of Tenancy – this allows a couple to leave their respective shares of a house in accordance with their wills as tenants in common rather than by survivorship which happens if they are joint tenants. It is necessary to sever the tenancy when making Life Interest Trust Wills.

Lasting Power of Attorney – a document by which you choose who can assist you in dealing with your affairs, typically if you were to become incapable of doing this yourself. There are two different types of lasting powers of attorney, one for property & finances and the other for health & care.

Attorneys – the people appointed to act for you under a power of attorney.