Hoopers Probate Research Glossary

Some commonly used legal words and phrases, and what they mean.

Administrator: Someone (usually a solicitor) dealing with an estate when there is no valid Will (see 'Intestate'). They normally obtain letters of administration to confirm they have the necessary legal authority.

Beneficiary: Individual or organisation benefiting from a Will or following an intestacy.

Bequest: Gift of a specific object or cash left to somebody in a Will.

Child: In connection with a Will or intestacy includes illegitimate and adopted children of the deceased - but not stepchildren unless included in the Will by name or as a class.

Class of Persons: Group of individuals linked by a family relationship eg all grandchildren or all nieces and nephews.

Codicil: Addition to an existing Will that changes or cancels part of it.

Co-habitee: Partner of the deceased, who may be entitled to a share of the estate.

Confirmation: In Scotland, synonymous with English terms 'probate' and 'letters of administration'.

Contingent: When an event must take place before a gift can be completed - for example: "The beneficiary must reach 18 before payment can be made" means they have a 'contingent' entitlement to the money.

Devise: Gift of land or property.

Enduring Power of Attorney: Legal form authorising someone to act on another's behalf.

Estate: Deceased’s assets and property including real estate, vehicles, art, cash and investments (less any unpaid debts).

Executor: Up to four people named in a valid Will or Codicil to handle a deceased’s estate. They usually have to apply for probate to prove they have the necessary legal authority.

Executor-dative: In Scotland, Court-appointed administrator dealing with an intestate.

Executor-nominate: Scottish term for 'Executor'.

Excepted Estate: When no Inheritance Tax is payable because the estate passes to the deceased’s spouse or civil partner or to charity.

Genealogist: A specialist who researches family trees – to resolve intestacies and trace missing beneficiaries, for example.

Grant of probate: Document issued by the Probate Registry authorising the executors to administer the estate.

Guardian: Person legally entrusted to take responsibility for minor children (under 18 years of age) should their parents die.

Heir: A general word describing a beneficiary or legatee.

Heritable estate: In Scotland, land and buildings.

Inheritance Tax (IHT): Payable when an estate is worth more than a set threshold. (See 'Excepted Estate').

Intestate: A person who dies without a valid Will. Their estate is dealt with under the laws of intestacy.

Issue: All children and successive generations - grandchildren, great-grandchildren, etc.

Legacy: Gift of items or money specified by a Will - effective only after the testator's death.

Legatee: A person (usually named) who is entitled to benefit from a legacy.

Letters of administration: Document issued by the Probate Registry to the administrator following an intestacy.

Letter of administration with Will annexed: Document issued by the Probate Registry to the Administrator when a Will does not cover all matters required by law - eg does not name an Executors.

Life interest: Gift that grants income from or use of an asset for a named beneficiary's life time only - after which it passes to another named beneficiary.

Life tenant: Person entitled to enjoy the benefit for life.

Minor: Person under the age of 18.

Moveable estate: In Scotland, property other than land and buildings.

Next of or nearest kin: Closest relatives entitled to an estate following an intestacy.

Personal estate: Deceased’s investments and other belongings, excluding real estate.

Personal representative: General term for Administrators and Executors.

Probate: In Northern Ireland, England and Wales document issued to Executors by a Probate Registry authorising Executors to administer the estate.

Probate Registry: Government office dealing with probate matters.

Real estate or realty: Land and buildings.

Residuary beneficiary: Person entitled to receive what is left from an estate after all debts, taxes and legacies have been paid.

Residue: What is left of an estate after all debts and legacies have been paid.

Testator: Someone who has made a legally valid Will.

Trust: Legal arrangement to hold assets for someone else, typically a child.

Trustee: Person with legal authority to administer a Trust.

Will: Statement of what somebody wants to happen to their estate after they die - usually produced as a legal document.