Probate glossary of terms

Linder Myers recognise that probate is a very complex area of law. We aim to always speak to our clients in jargon-free language wherever possible.

Below are some common terms that are used in these matters.

Administrator
The person who deals with (or administers) the estate of someone who has died intestate (ie without a Will).

Child
Generally in a Will or under the intestacy rules a child of the deceased includes adopted and illegitimate children, but not step-children (unless they are specifically mentioned).

Codicil
A separate document that contains an amendment to a Will. A person can make any number of Codicils.

Estate
All the assets and property belonging to the person who has died.

Executor
The person appointed in the Will to deal with the estate of a person who has died. Executrix is the female version.

Grant of Representation
A general term for any grant issued by the Probate Registry and therefore includes a grant of probate or grant of letters of administration.

Inheritance tax
The tax that may have to be paid when the total estate of the person who has died is more than a certain amount.

Intestate
A person who dies without having made a Will.

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

Legacy
A gift of money, but the term is often used in respect of any specific gift.

Letters of Administration
The document issued to the administrators by the Probate Registry to authorise them to deal with the estate of a person who has not made a Will.

Personal Chattels
These are personal belongings that have a statutory definition and include jewellery, furniture, pictures, books, cars etc (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 anybody who is entitled to administer an estate and therefore includes 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 of the person who has died.

Proving the Will
Making the application for Probate to the Probate Registry.

Probate Registry
A Court within the Family Division of the High Court that deals with probate matters. There are a number of District Registries and we would usually apply to Manchester.

Real Estate (Realty)
Land and buildings owned by a person.

Residue
The amount that is left to share out after all the debts, funeral costs, administration expenses and legacies have been paid.

Specific bequests or specific legacies
Particular items which are gifted by the Will.

Testator
A person who makes a Will. Testatrix is the female version.

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