Will and Lasting Power of Attorney Jargon explained
You may have heard numerous words or phrases relating to the subject of Wills and/or Lasting Powers of Attorney. The following list should hopefully explain what they all mean.
Wherever you see a word or phrase in italics on this page, you'll find an explanation for it in the list - which is in alphabetical order.
If you have any questions, or there is a term that you cannot see on the list, please do
not hesitate to
contact us
- we'll be happy to help.
Attorney: |
A person appointed by you in a Lasting Power of Attorney to look after your
Affairs and/or Personal Welfare if you become unable to do so yourself. |
Beneficiary: |
Any person or organisation (e.g. a Charity) that you leave a legacy, and/or all or part of your Residuary Estate, in your Will. |
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Civil Partners: |
Two people of the same sex who have undergone a so-called ‘gay marriage’ since the ‘Civil Partnership Act’ was passed in 2004. |
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Codicil: |
To change an existing Will you can write a document
called a ‘codicil’ describing the changes to be made to the Will.
The original Will document, plus the ‘codicil’, then comprise the new Will. |
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Discretionary Trust |
This is an entire subject in itself and we advise you to read our page on Discretionary Trust Wills. |
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Executors |
The people you choose to make your Will happen. Their job is to obtain probate, pay any debts you may have, distribute any gifts/legacies you have left in the Will and then distribute your Residuary Estate to your beneficiaries. |
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Funeral arrangements: |
Directions you can give in your Will regarding your wishes such as details of your burial, cremation, etc. These are not legally binding on your Executors unless you forbid cremation. Our Wills do, however, authorise your Executors to use funds from your Estate to pay for your funeral - this is the important issue. |
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Guardian: |
A person with legal control or responsibility for a child under 18 when nobody with parental responsibility remains alive or able/willing to act. Your Will allows you to legally appoint Guardians: you simply name them on the online form, and we generate the legal wording. |
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Inheritance Tax: |
We have a special page here dedicated to this subject. |
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Intestate: |
When someone dies without making a Will, they are said to have died ‘intestate’. |
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In Trust: |
In a Will made at our site, if you leave a legacy or any part of your Estate to somebody under 18 (or some other age you specify - e.g. 25) then what you leave to them is automatically held in Trust by your Executors until they reach the age at which they can inherit it. Your Executors are given powers in the Will to allow them to 'apply' some or all of the inheritance towards the 'Education, Maintenance, and benefit' of the child. |
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Joint Tenants: |
If you and one or more other people own a property together, then you will own
it either as Joint Tenants or as Tenants in Common. |
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Lasting Power of |
There are TWO types of
Lasting Power of Attorney (LPA):- |
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Legacy: |
A gift in a Will – for example a specific item, (sometimes called a ‘Specific Legacy’) or a gift of money (sometimes called a ‘Pecuniary Legacy’) or a gift of a house or property, etc. |
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Returning Customers: |
This is not a legal term, but an explanation of the facility
that you will see on the right-hand side of our
Home Page. |
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Obtaining probate: |
After you have died, your Executors must take your Will to the nearest
Probate Office (which can be found in the Yellow Pages) and apply for Probate.
At the successful conclusion of the process, your
Executors are given an official document called a ‘Grant of Representation’.
This effectively makes them the legal owners of your Estate (e.g. they can
legally access your bank accounts) and enables them to distribute it. |
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Parental |
Unless she has it removed by a court, a child's mother has parental responsibility. So (if he was married to her at the time, or if he successfully applies for it) does the father. Your Will allows you to appoint Guardians who automatically have legal responsibility for any child for whom you have parental responsibility, should you die and nobody with parental responsibility remains alive. |
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Reading of the Will |
This is something that happens on TV and in films only and is not a necessary process. See Obtaining Probate above. |
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Residuary Estate |
What is left of your Estate after the deduction of inheritance tax and debts, the expenses of administration (i.e. expenses incurred by your Executors in obtaining probate and then distributing your Estate), the cost of your funeral, and after the distribution of any gifts/legacies you have specified in your Will. |
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Tenants in Common: |
If you and one or more other people own a property together, then you will own
it either as Joint Tenants or as Tenants in Common. |
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Testator: |
(or testatrix if female) This is the legal term for the person who has made the Will - i.e. you. |
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Witness: |
To make your Will legal, it must be signed by you in the presence of two witnesses,
who must not only see you sign it but also be able to testify (if ever required) that you
understood its contents and were of sound mind. |
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To Make a Will
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