Legal Glossary
Wills and probate use a lot of legal jargon. This glossary defines the most common terms you'll encounter during your Will review, so you can understand your report with confidence.
Administrator
A person appointed by the court to manage the estate of someone who has died without leaving a valid Will, or where the named executors are unable or unwilling to act.
Beneficiary
A person or organisation named in a Will who is entitled to receive a gift, money, or a share of the estate.
Bequest
A gift of personal property (not land or buildings) left in a Will. Also known as a legacy.
Codicil
A formal document used to make minor changes or additions to an existing Will without rewriting the whole thing. It must be signed and witnessed in the same way as a Will.
Deed of Variation
A legal document that allows beneficiaries to change the distribution of an estate after death, within two years of the death, to be more tax-efficient or to reflect the deceased's likely wishes.
Devise
A gift of real property (land or buildings) left in a Will.
Estate
Everything a person owns at the time of their death, including property, money, possessions, and debts.
Executor
A person named in a Will to carry out the deceased's wishes and administer the estate. Executors must obtain the grant of probate to act.
Grant of Probate
A legal document issued by the Probate Registry that confirms the executors' authority to deal with the estate. It is needed to access and distribute the deceased's assets.
Grant of Letters of Administration
The equivalent of a grant of probate, issued when there is no valid Will (intestacy) or no acting executor.
Guardian
A person named in a Will to take responsibility for any children under 18 if both parents die.
Inheritance Tax (IHT)
A tax on the estate of a deceased person. In the UK, it is charged at 40% on the value of the estate above the nil-rate band threshold (currently £325,000), with additional allowances for main residences passed to direct descendants.
Intestacy
The situation when someone dies without a valid Will. The estate is then distributed according to the Rules of Intestacy, which set out a strict order of who inherits.
Lasting Power of Attorney (LPA)
A legal document that allows someone to appoint one or more people to make decisions on their behalf if they lose mental capacity. There are two types: Property & Financial Affairs, and Health & Welfare.
Legacy
A specific gift of money or personal items left in a Will. See also Bequest.
Nil-Rate Band
The threshold below which an estate pays no inheritance tax. For 2026/27 it is £325,000 per individual.
Probate
The legal process of proving a Will is valid and administering the estate. It involves applying for a grant of probate, identifying assets, paying debts and tax, and distributing the estate to beneficiaries.
Residue
What remains of the estate after all specific gifts, legacies, debts, funeral expenses, and taxes have been paid. The residuary beneficiaries receive the residue.
Residuary Beneficiary
A person named to receive all or a share of the residue of the estate.
Testator
The person who makes a Will. A female testator is sometimes called a testatrix.
Trust
A legal arrangement where one or more people (trustees) hold and manage assets for the benefit of others (beneficiaries). Trusts are often used in Wills to protect assets or manage them for young beneficiaries.
Trustee
A person appointed to manage a trust and hold assets on behalf of the beneficiaries. Trustees have legal duties to act in the beneficiaries' best interests.
Will
A legal document that sets out how a person wishes their estate to be distributed after their death. To be valid in England and Wales, it must be in writing, signed by the testator, and witnessed by two independent adults.
Witness
A person who watches the testator sign the Will and then signs it themselves. Witnesses and their spouses cannot be beneficiaries of the Will.