Recognising that Disputed Wills & 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 cases.
This is the person who is entitled to receive something from a Will or trust. This could be a cash sum, an article (e.g. jewellery), or a portion of the remainder of the estate.
This is a person who believes they should be legally entitled to receive benefits through a Will or under the Intestacy Rules.
The term “my estate” effectively means everything that you own at the date that you die and in general terms is your gross estate.
Executors are responsible for dealing with the affairs of someone who has died, in accordance with the terms of the Will. They will collect all the assets, settle all debts and liabilities, and distribute what is left to the beneficiaries.
Grant of Letters of Administration
This is the proof of a person who has legal authority to deal with a deceased person’s estate where there is no Will or an invalid Will.
Grant of Probate
This is the proof of a person who has legal authority to deal with a deceased person’s estate where there is a valid Will.
If you are liable for something it means that you are legally responsible for your actions. If a court finds that you are “liable” for something you did, you may well have to pay compensation, or rectify the problem caused.
This is a general word that means the court has given its approval to allow a person to deal with the estate of someone who has died. This is called a Grant of Representation. You can obtain a number of different types of Grant, depending on the circumstances.
A trustee is a person who administers property (e.g. money or a house, for example) that has been put in a trust for another persons benefit.