Glossary of Common Will Words
Our glossary of will words and terms explains the meaning and use of the main terms found in a Will.
Administrator / Administratrix. A person who is legally appointed to deal with the estate of a person who has passed away without a Will. The administrator/administratrix is typically the deceased’s next of kin.
Beneficiary. Beneficiaries are people benefiting from a Will and can be individual persons or organisations, such as a charity or a company.
Bequest. A gift by a Will that does not consist of freehold or leasehold property.
Chattels. Personal possessions, for example a car, cat, jewellery, furniture etc.
Codicil. A document which, when signed and witnessed, operates to amend a pre-existing Will.
Devise. A gift by a Will that is either freehold or leasehold property.
Estate . All possessions and assets that are owned by the deceased person upon their death.
Executor / Executrix. These are people appointed by a Will whose role is to ensure the wishes of the deceased as set out in the Will are carried out. There are usually two Executors. They are responsible for the administration of the Estate and will liase with a Solicitor to manage the deceased’s Estate. If a Beneficiary is an infant child, the Executor(s) then also act as Trustees of the child’s Legacy.
Guardian. The person(s) named in a Will to be legally responsible for infant children. A Guardian has the right to accept or reject the responsibility and so their consent shold be obtained before appointing them in a Will.
Grant of Probate. A Court Order that is obtained after the death of a person in order to confirm the Executors of a Will.
Intestacy. The rules of Intestacy apply when no Will has been left. The deceased will have been left Intestate.
Legacies. These are specified gifts left in a Will to specified people. A Legacy can be a particular property, sum of money or part of the Residuary Estate.
Letters of Administration. A Court Order that is obtained after the death of a person who has died Intestate which officially confirms the appointment of the Administrators.
Partial Intestacy. This is where a Will does not cover all of the property that has been left by the deceased person.
Residual Estate. This is what is left over after all the designated gifts and Legacies have been distributed to the Beneficiaries and all professional fees have been paid to the Executors and Solicitors.
Testator / Testatrix. The person that made the Will.
Trust. When a gift or part of the Residuary Estate is to be looked after by the Trustees it is called a Trust. The Trustees control the Trust and manage it for the benefit of the Beneficiaries. Trusts are often created to provide for infant children.
Trustees. Persons appointed in the Will or by Deed to look after property or money which cannot pass under the Will straight away. Usually the Executors act as the Trustees, although this is at their discretion.
