A
Absolute interest
An interest that the beneficiary is completely entitled to immediately, without any restrictions.
Acquisition (probate value)
The value at which either the personal representatives or the beneficiary acquires the assets.
Administration
The formal and legal term for dealing with the estate.
Administration period
The period between the date of death and the date of the close of administration.
Administrator
The person appointed to administer an estate where there is no valid will, or where the executor is unable, or unwilling, to act.
Agreed value
The probate value as formally agreed by HMRC where inheritance tax is payable.
Appointment, power of
Person(s) named in a Will to dispose of certain property.
Asset
Property, money or possessions that belonged to the deceased.
Attorney
A person appointed by another to act in his/her place.
B
Beneficiary
A person who inherits all or part of the money or property from someone who has died.
C
Capital Gains Tax (CGT)
Capital Gains Tax is a tax on capital 'gains'. If when you sell or give away an asset that has increased in value, you may be taxable on the profit/gain.
Civil Partner
A civil partnership is a legally recognised relationship between two people of the same sex. A civil partnership only exists once it is registered. Once registered it confers the same rights and responsibilities as marriage.
Codicil
This is a written amendment making changes to an existing will. To be valid the document must be signed and witnessed and refer to an existing will.
Confirmation
This is a legal document issued by the Sheriff's Court in Scotland where the deceased lived in Scotland. It is the equivalent to the Grant of Probate issued in England and Wales.
Coroner's Certificate
In certain circumstances a death has to be investigated by the Coroner. In these cases a Coroner's Certificate may be provided in lieu of a death certificate or until the formal death certificate is issued.
D
Death certificate
The legal document issued by the registrar when a person dies. It is a copy of the entry in the death register.
Deed of variation
This allows beneficiaries to change how the estate is distributed to reflect family circumstances or possibly save future inheritance tax.
Dispute
This can be an ongoing disagreement or argument between family members/beneficiaries of an estate or Executors. It can also be where a third party is challenging the validity of a Will or is making a claim on the deceased estate or where all the persons entitled to deal with the estate cannot be found or are known.
E
Estate
The total value of everything owned by a person when they died – money, property and possessions – after any debts they had have been settled.
Estate accounts
Accounts listing all of transactions during the administration period.
Executor
The person(s) named in a will who is responsible for making sure the wishes of the person who died are carried out.
G
Grant of letters of administration
This is issued by the Probate Registry where no valid will exists or the deceased did not make a will. The document names the person(s) who are legally appointed to administer the deceased person's estate.
Grant of Probate
This is a legal document issued by the Probate Registry confirming that a deceased person's will was valid and names the Executor(s) who are legally appointed to administer the deceased person's estate as set out in the will. In Scotland this document is called ‘Confirmation' and is issued by the Sheriffs Court.
Grant of representation
A general term for a document that provides proof that someone has been legally appointed to deal with a deceased person's estate.
I
Inheritance tax
Tax that is paid from the estate of a person who has died and must be paid before the estate is shared out to the beneficiaries.
Informant
The informant is the person who notifies the bank of the death of a customer. This may be a PR, a family member, friend or relative.
Intestacy
When someone has died without having made a valid will or where the will doesn't deal with all the deceased assets. A person who dies without having made a valid will is known as having died ‘intestate'.
L
Legacy or bequest
A gift contained in a will, i.e.: a specific item or general bequest of money.
Letters of Administration
A legal document issued by the Probate Registry naming the person appointed to administer a deceased person estate when the person died without making a will.
N
Next of Kin
The closest related family member(s) of a person who has died. This is normally their husband, wife, civil partner or their child/children.
Nil rate band
The value of assets which a deceased person can leave to friends or family without them having to pay any inheritance tax.
P
Personal representative
The person who is responsible for dealing with the estate.
Probate
The legal term for giving someone the authority to manage the estate of a person who has died. In Scotland, Probate is known as Confirmation.
Probate Registry
The Probate Registry is a legal court which is responsible for authenticating claims on a deceased person estate either a Will or Intestacy and will legally appoint a person(s) to administer the estate. Once authenticated they will issue a grants of probate or grant of letters of administration. In Scotland this is the Sheriffs Court.
R
Renouncing probate
The act whereby a named personal representative signs a legal document which cancels his/her appointment from the start.
Residuary estate
What remains of the estate after payment of all debts, legacies and all taxes and expenses.
S
Spouse
Either member of a married pair in a relation to the other, one's husband or wife.
T
Testator
The person who makes a will
Trustee(s)
The person(s) who are authorized or have a position of trust or responsibility for holding or managing assets for the benefit of another.
W
Will
A document which states what someone would like to happen to their assets when they die.
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