Glossary of Terms
Administration
Period The period during which personal representatives are settling an estate.
Ambulatory
Subject to change – i.e., you can amend your Will as many times as you like during your lifetime.
Assets
Things a person owns – may be financial accounts, real estate, businesses, and/or valuable possessions.
Attestation Clause
Where the person making the Will actually signs the Will.
Beneficiary
Person receiving a gift of anything in a Will.
Capital Gains Tax
A Tax executors have to pay when an estate (assets) makes a profit during the Administration Period. (Not paid on your principal, private residence).
Domicile
Place of residence at the time of death for legal and tax purposes.
Estate
Person appointed in the Will to deal with the Testators Estate – executor (male) or executrix (female).
The gender-neutral term “personal representative” is typically used now.
Executor / Executrix
A Tax executors have to pay when an estate (assets) makes a profit during the Administration Period. (Not paid on your principal, private residence).
Exclusion Clause
A clause in a Will clearly stating that someone has been excluded and should not receive any of your estate.
Guardian
Appointed in the Will to look after minor children in the event of parental death.
Domicile
Place of residence at the time of death for legal and tax purposes.
Estate
Everything you own – including money, property, possessions and investments.
Executor / Executrix
Person appointed in the Will to deal with the Testators Estate – executor (male) or executrix (female).
The gender-neutral term “personal representative” is typically used now.
Exclusion Clause
A clause in a Will clearly stating that someone has been excluded and should not receive any of your estate.
Guardian
Appointed in the Will to look after minor children in the event of parental.
Inheritance Tax (IHT)
Tax an estate has to pay if the estate is over the tax threshold. * Currently 40% applied to estates worth over £325,000.
Joint Tenancy / Joint Tenants
When two people or more own a property, 100% each. The survivor inherits the property outright when the other dies.
Legacy / Legacies
A defined gift in a Will.
Letter of Wishes
A separate document, typically stored alongside your Will, providing guidance to the executors, trustees and/or family dealing with your estate.
Liabilities
A person’s debts e.g., mortgage, loans, credit cards, hire purchase, student loans etc.
Nil Rate Band
The nil rate band (NRB), also known as the inheritance tax (IHT) threshold, is the amount up to which an estate has no IHT to pay. Currently £325,0000* See also; Residents Nil Rate Band.
Partial Intestacy
Deceased beneficiaries and a valid Will.
Pecuniary
Consisting of or relating to money.
Pecuniary Legacy
A gift of monetary value in a Will.
Personal Representative
Person appointed in the Will to deal with the Testators estate. (Sometimes referred to as an executor (male) or executrix (female).
Probate
The process of dealing with a person’s estate after they have died.
Real Estate
Houses and contents.
Remoter Issue
Grandchildren and great-grandchildren.
Residents Nil Rate Band (RNRB)
The £175,000* RNRB is available to those passing on a qualifying residence on death to their direct descendants.
Residuary Estate
The balance of an estate after tax, liabilities and any specific legacies (gifts) have been paid.
Specific Gift
Gift of a specific item, such as jewellery or a car.
Statutory Legacy
The sum to which a surviving spouse/civil partner is entitled from the estate when the deceased died intestate – currently £270,000.
Statutory Trust
Trust automatically created in a Will if leaving money to a minor.
Statutory Will
When someone has lost mental capacity and the Courts make a Will for them.
STEP
The Society of Trust and Estate Practitioners.
STEP Provisions
Guidance notes for executors and trustees when administering an estate.
Tenants in Common
When people own a property as 50/50, their 50% passing as per the Will.
Testator
A living person making the Will.
Testamentary Trust
(also known as a Will Trust)
Testamentary Trust (also known as a Will Trust)
A specific type of trust that is created as part of a Will. A testamentary trust takes effect on death.
Trustee
A person(s) who is given the responsibility of looking after a Trust.
Take look at our knowledge hub.