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.

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