On this page, you will find a list of legal terms you most likely will encounter during the probate process.
A
-
Administration period
- the period from the date of death until the date the assets from the estate have been distributed to the beneficiaries.
-
Administrator
- appointed to manage the estate of someone who has died without leaving a will.
-
Asset
- something owned by the deceased, such as a property or money in the bank.
B
-
Beneficiary
- a person or organisation named in a will who is entitled to inherit from a deceased person’s assets in their estate.
-
Bequest
- given in a will, other than land or real property.
C
-
Chattel
- any property except freehold land.
-
Codicil
- an addition that changes an existing will. The codicil must be signed, witnessed, and attached to the will.
-
Contentious/Non-contentious probate
- contentious probate is a dispute relating to the will, its validity, or the distribution of the estate. If probate becomes contentious you will need advice from a legal professional. If someone feels they have been unfairly left out of a will, or haven’t received what they were entitled to, they can make a legal claim to dispute the validity, or the interpretation of the will. The rules are set out in: The Non-Contentious Probate (Amendment) Rules 2020 (legislation.gov.uk).
Non-contentious probate is the absence of any disputes against the will. In the case of non-contentious probate, your ICAEW licenced accountant is accredited to carry out this work for you. It is a straightforward administration without any legal dispute.
-
Creditors
- a person, company or organisation to whom the deceased owes money to.
D
-
Debtors
- a person, company or organisation who owes money to the deceased.
-
Deceased estates notice
- before distributing the estate, the executor can give notice that probate has been granted in case there are potential claims from unknown creditors.
-
Deed of variation
- a legal document to make changes to the distribution of an estate in a will after the testator has died.
-
Disbursements
- Payments made to a third party.
-
Dying intestate
- the deceased died without making a will.
E
-
Estate
- all a person owns at the date of their death.
-
Estate accounts
- a final statement setting out monies paid in and out of Estate and the final amount to be distributed to the beneficiaries.
-
Estate administration
- finalising or winding up of the deceased’s affairs.
-
Executor account
- a temporary bank account managed by the executor and reserved for the estate’s financial transactions.
-
Executor/Executrix
- a person appointed in a will to deal with the estate, according to the wishes set out in the will and legally responsible for the money, property and possessions of the person who died.
-
Executor's year
- Administration of Estates Act 1925 (legislation.gov.uk) is a legal rule that specific pecuniary legacies (see Legacy Beneficiary) should be paid out within a year of the death. There may be circumstances in which they are able to justify the delay. In summary, it gives executors and administrators one year from the date of death before beneficiaries can ask them to distribute the estate.
G
-
Grant of administration
- an authority the courts give to a person to deal with a person's estate when they die intestate.
-
Grant of probate
- an executor or administrator applies to the Probate Registry to ask for legal authority to administer the estate of someone who has died. It is proof that you have the legal authority to deal with a person's estate. The grant is issued by the Probate Registry.
-
Grant of representation
- a term for when an executor or administrator applies to the Probate Registry to ask for legal authority to administer the estate of someone who has died. It is proof that you have the legal authority to deal with a person's estate. The grant is issued by the Probate Registry. The grant of probate and grant of administration documents are also known more generally as a grant of representation.
H
-
HMCTS
- His Majesty's Courts and Tribunals Service
I
-
Inheritance tax (IHT)
- tax payable on the deceased’s estate above a certain value.
-
Insolvent estate
- If the estate runs out of money before all taxes and debts are paid the executor must petition the court to declare the estate insolvent.
-
Intestacy/intestate
- when someone dies without leaving a will.
L
-
Lay executor vs professional executor
- usually a family member or friend of the deceased who unlike a professional executor does not charge fees for their services, however they can claim reasonable expenses.
-
Legacy
- a gift left to someone in a will, but not including land.
-
Legacy beneficiary
- someone who has been left a specific item, such as a ring, or a car.
-
Legal Services Ombudsman
- a free ombudsman service that investigates complaints about regulated legal services in England and Wales. Their criteria for making a complaint can be found on their website: Scheme rules 130201 (legalombudsman.org.uk)
-
Letters of administration
- a document issued by the Probate Registry that enables someone to act as executor of an estate. It’s an official court letter issued to a person, appointing them to administer the deceased’s estate when there is no valid will or willing executor.
-
Liabilities
- any payments that need to be made by the estate. These are often debts that were held by the deceased before passing away.
-
Liable
- an executor can be responsible for any monetary loss to the estate which affects one or more beneficiaries, which could have been reasonably avoided.
O
-
Oath
- a legal statement made by the executor or administrator. It confirms the validity of the will, that the estate will be administered according to the will and the right of that individual to carry out the process.
-
Order of distribution
- this is the sequence that assets from the estate can be shared with beneficiaries. Debts and liabilities must be settled first, legacy beneficiaries receive their inheritance next, followed by residual beneficiaries.
P
-
Pecuniary legacy
- a specific sum of money gifted in a will.
-
Personal representative
- another name for an executor or administrator.
-
Probate
- the legal authority to deal with a dead person's estate.
-
Probate Office/Probate Registry
- the probate registry/office is part of the HM Courts & Tribunal Service (HMCTS) probate service where someone applies for probate. The probate registry/office issues a grant of probate to the executor.
R
-
Renouncing probate
- an executor can refuse to accept their appointment by informing the Probate Registry in writing. (Renunciation)
-
Reserved legal services
- many legal services are 'reserved’ activities under legislation, which means they can only be carried out by regulated professionals. Activities which are unreserved like will writing can be carried out by anyone.
-
Reserved power
- an executor can decide not to start the role but reserve the right to do so at a later stage.
-
Residuary beneficiary
- is entitled to what remains from an estate after all debts, taxes and specific legacies have been paid. They will receive the remainder (or residue) of an estate, after bills, taxes and the other legacies have been settled.
-
Residuary estate
- the net value of the estate after expenses such as debts, liabilities and funeral costs have been taken away and gifts and legacies, etc have been given.
-
Rules of intestacy
- the rules of intestacy determine who the beneficiaries are if the deceased dies without making a will.
T
-
Testator/Testatrix
- a person who has made a legally valid will.
-
Trust
- a formal arrangement that passes assets from the testator to a trustee who holds and looks after the assets for the benefit of a third party.
-
Trustee
- the person who is responsible for looking after and administering the trust.
W
-
Will
- a legal document that sets out how the deceased wants their estate to be administered after their death.
Please note
This list is not exhaustive and continues to be updated. If you do not find what you are needing, please contact us for more information.
Alternatively, the website for Legal Choices also has a legal dictionary that is helpful.
Legal Choices dictionary
Other useful resources
Disclaimer
ICAEW accepts no responsibility for the content on any site to which a hypertext link from this site exists. The links are provided ‘as is’ with no warranty, express or implied, for the information provided within them. Please see the full copyright and disclaimer notice.