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.