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Glossary

 

A B C D E G I L M P S


A

Administrator
Individual appointed to administer the estate of a person who dies without leaving a Will
Administration
Dealing with the estate of a deceased person


B

Beneficiary
A person entitled to receive something from the estate of a deceased person either under a Will or where there is no Will under the intestacy rules.


C

Caveat
A notice entered at the Probate Registry which prevents the issue of a grant of administration to an estate without notice to the person who has entered the caveat.
Codicil
An addition to a Will which changes the Will in some way
Conditional
No Win No Fee An agreement that no fee will be payable unless a claim is successful
Contested Probate
A dispute as to the validity of a Will


D

Deed of Variation
A document that varies by agreement between beneficiaries either the Will or an inheritance under the intestacy rules.
Discounted Fee Arrangement
An agreement to accept a reduced fee unless the claim is successful in which case the usual fee applies.


E

Estate
All the property of a person who has died
Executor
A person appointed by a Will to administer the estate of a deceased


G

Grant of Representation
A document issued by the Probate Registry which authorises executors or administrators to administer an estate.


I

Inheritance Act Claim
A claim under the 1975 Inheritance (Provision for Family and Dependants) Act 1975
Intestate/Intestacy
Dying without leaving a valid Will
Intestacy Rules
Legal Rules governing the division of an estate when someone dies without leaving a valid Will


L

Letters of Administration
A grant of representation to administer an estate where there is no Will or no executor willing to prove the Will


M

Mental Capacity

Mental capacity is the ability to make a decision.

This includes the ability to make a decision that affects daily life – such as when to get up, what to wear or whether to go to the doctor when feeling ill – as well as more serious or significant decisions.

It also refers to a person’s ability to make a decision that may have legal consequences – for them or others. Examples include agreeing to have medical treatment, buying goods or making a will.

A person is unable to make a decision if they cannot:

  • understand the information relevant to the decision,
  • retain that information,
  • use or weigh that information as part of the process of making the decision, or
  • communicate the decision.


P

Personal Representative
The person who is dealing with the administration under a grant of representation.
Probate
The Grant of Representation issued by the Probate Registry "proving" a Will as valid
Probate Registry
A branch of the court which issues grants of administration to the estates of deceased persons.


S

Standing Search
A search of the Probate Registry to discover if a grant of representation has been issued in respect of the estate of a deceased person.
A B C D E G I L M P S

 

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