Clear, plain-English explanations of legal terms you may come across.
Showing 1–20 of 102 terms
The process of gathering information relating to the assets and debts of someone who has died, paying all outstanding debts and distributing the remaining assets as per the Will (if there is one) or intestacy rules (if there isn't).
A personal representative of someone who has died without leaving a Will. The administrator is responsible for administering the estate.
A legal document used to specify situations where someone would wish to refuse certain types of medical treatment or care in the future.
A document similar to an advance decision that isn't legally binding. It can be used to set out wishes regarding future care and/or medical treatment.
A written statement of fact that is witnessed and signed by a solicitor.
Someone making an application to the Court of Protection to be appointed as a Deputy and/or for permission to make a specific decision on behalf of someone else.
Someone who is appointed in a Power of Attorney to act on the donor's behalf.
A type of lawyer who works with your solicitor, provides formal advice and speaks on your behalf in court.
An individual or organisation who stands to inherit something in a Will or by virtue of the intestacy rules. A beneficiary can also be someone entitled to receive property, money or other assets from a trust.
This is often referred to as 'mental capacity' and is the ability to make informed decisions independently. To be considered to have capacity, a person must be judged able to understand and fully weigh up information relevant to their decision. In England and Wales, capacity is governed by the Mental Capacity Act 2005.
This act replaced most existing legislation on adult social care. It covers a wide range of issues affecting elderly people, their family and carers. This includes the role of local authorities, how care needs are assessed, standards of care and the safeguarding of elderly and vulnerable people.
The National Will Register.
A photocopy of an original document (such as a passport or certificate) that has been signed by a solicitor to confirm it is an exact copy of the original.
Any personal possessions an individual owns that are not land or buildings. This includes clothing, technology, art, jewellery, pets and vehicles.
Someone making a claim or asking a court to make a decision.
Another term for the Guardianship Act 2017, named after missing York resident Claudia Lawrence.
An official alteration to a Will, recorded in a separate document.
The area of the law that deals with inheritance disputes and challenges to wills.
Another word for a barrister.
An office of the High Court that has the power to make decisions about the property, financial affairs, healthcare and general welfare of individuals who don't have the mental capacity to do so themselves. The Court of Protection has the power to appoint deputies and decide whether an individual still has the capacity to make their own decisions.
A legal document made to confirm a change of name.
A legal document made by a donor to remove an Attorney from a Power of Attorney without revoking the rest of the Power of Attorney.
A legal document that allows a beneficiary to redirect all or part of their inheritance to the other beneficiaries of the estate.
Someone against whom a claim is being made, or who is asking a court to make a different decision.
A person appointed by the Court of Protection to make decisions and act on behalf of someone who no longer has the capacity to make decisions for themselves.
Digital belongings such as photos, files, graphics, cryptocurrency and accounts.
A trust where none of the beneficiaries have an automatic right to any of the assets. Instead, the trustees will decide when to distribute assets or income from the trust, and how much a beneficiary will receive, if anything.
The country that an individual is considered to reside in by law.
Someone who makes a Power of Attorney.
The intent to harm, harm without intent or neglect (wilful or otherwise) of an elderly person, either physically, emotionally or financially.
An older type of Lasting Power of Attorney. These can still be used if made before October 2007.
Everything that belongs to a person. This includes money in bank accounts, property and personal belongings, along with all their debts.
A personal representative appointed in a Will to deal with the administration of an estate.
The duty imposed on a person in a fiduciary relationship with another (such as a trustee or agent). A fiduciary duty is the legal duty to act in the best interest of another and exercise the highest standard of care. The fiduciary duty means guardians must not take advantage of their position, put themselves in a position where their personal interests conflict with their duties or accept commission from a third party transaction.
The formal process of sending a claim to a court for them to deal with.
Giving the application and related papers to the court for placing on the court record.
Illegally influencing a testator to cut someone out of their Will by telling them untruths about that person.
A type of power of attorney that allows an individual to delegate all their functions to an attorney, a group of attorneys or a corporate body.
An item or benefit given willingly to someone without payment or other consideration.
A formal way of saying a testator gives something to someone in its entirety with no restrictions.
A collective term used to refer both to grants of probate (in cases where there is a Will) and grants of administration (in cases where there isn't a Will).
A person who is appointed in a Will or by the Court to care for a child after the death of their parents.
A person who has been appointed by the Court to look after a missing person's property and finances whilst they are missing.
The law that allows someone to be appointed as a guardian on behalf of a close family member who has been missing for more than 90 days.
Habitual residence is used in some cases instead of domicile as a test for establishing a sufficient link between a person and a country. To establish habitual residence, a person will have to show that he or she is usually resident in the relevant country. Strong indicators of habitual residence include making a place their home by having stable employment, settled accommodation and strong personal ties.
The legislation used to determine who has the right to make an inheritance claim against an estate, and what they might be entitled to if they do.
The tax payable on an estate if the estate is worth more than the nil rate band.
The laws that govern how a person's estate is administered when there is no Will.
When a person dies without leaving a valid Will.
A court's formal acceptance of a claim, when it is stamped with an official stamp and sent to all parties involved.
Any descendants, e.g. children and grandchildren.
The type of Power of Attorney that has been in use since October 2007.
Lawyer is a general term for someone who offers legal help or advice. It’s not an official job title in the UK, and there are no specific rules about who can use it.
This means anyone can call themselves a lawyer, even if they don’t have legal qualifications or aren’t regulated.
When the word lawyer is used in the Standards and Regulations (https://www.sra.org.uk/solicitors/standards-regulations/) of the SRA (Solicitor Regulation Authority) , it means people who are properly qualified and regulated. But outside of that context, the term doesn’t guarantee that someone is officially recognised or professionally supervised.
Another word for beneficiary.
A right to keep possession of another's property pending discharge of a debt.
A trust that gives an individual the right to inherit the use of income of an asset, but only while they are alive. This means they never own the asset and can't benefit from the sale of it, give it away or leave it to someone in their own Will.
Any treatment that will keep someone alive, without which they might die. This could be anything from a course of antibiotics to tube-feeding or a ventilator.
Someone who is the beneficiary of a property (though the term can sometimes apply to other types of asset), but only whilst they are alive. This means they can live in the property, but can't sell it, give it away or leave it to someone in their own Will.
The last date by which someone is allowed to file a claim with the Court. These are set by various acts of parliament and will be different depending on the facts of the claim.
A term sometimes used for advance decisions and advance statements.
A third-party neutral professional who assists all parties in exploring solutions to a dispute.
Another term for capacity.
An act that applies to anyone in England or Wales who is involved in the care, treatment or support of an individual who is unable to make some or all decisions for themselves. This includes attorneys and deputies, who will have to agree to abide by the principles in this act.
Someone who has been gone from their usual place of residence with no contact for more than 90 days.
A national organisation that registers wills made in the UK, along with the name of the solicitor who is storing them. The National Will Register is also known as 'Certainty'.
The amount of money set by the government that can pass to beneficiaries without any inheritance tax being due.
A formal document that sets out why a specific person is entitled to deal with someone's estate and the assets that are in the estate.
The governmental body who checks, registers and monitors EPAs and LPAs. Together with the Court of Protection, the OPG protect people in England and Wales who don't have the mental capacity to make decisions for themselves.
A power of attorney document that allows an individual to delegate their financial affairs to an attorney. An Ordinary Power of Attorney is different to an LPA as it is only valid when the donor has mental capacity.
All people or organisations that are involved in a claim.
Someone about whom the Court of Protection is being asked to make a decision
A strict list of people who must be served with and/or notified of any application that is made to a court.
The person (or people) who will deal with the legal formalities of an estate. They will assess assets and liabilities, make sure any taxes are paid and distribute the estate. They can also be referred to as executors (if they have been appointed in a Will) or administrators (if they are administering an estate without a Will).
Someone who is named in a trust (or falls into a particular category of people who are named in the trust ' e.g. 'grandchildren') and may receive something, but is not guaranteed or entitled to anything.
A legal document that allows an individual to appoint someone else (or a group of people) to make decisions on their behalf should they lose mental capacity.
When one or more personal representatives do not want to act on behalf of an estate at present but want to retain the option to act in the future.
A statement connected to the rules about court procedure. It sets out further detail and provides greater clarity about a specific procedure to be followed in a case. Practice directions are issued by the head of the court or division relate.
A declaration made by the High Court that someone is more likely than not to have died. This declaration can be made when someone has been missing for more than seven years, or when there is a clear reason to believe they are no longer alive.
A legal grant issued by the Probate Registry confirming that the executors have the authority to deal with the testator's estate. The term 'probate' is also often used to refer to the process of winding up an estate and applying for a grant.
All the paperwork and procedure that applies to any claim once it is in the hands of a court.
A legal term to describe a situation where a promise about a Will, which has been relied on, has been broken.
The Public Guardian is appointed by the Lord Chancellor under the Mental Capacity Act 2005. Supported by an Office (OPG), the Public Guardian registers all lasting and enduring powers of attorney and supervises deputies appointed by the Court of Protection thereby protecting people in England and Wales who lack capacity to make certain decisions for themselves. Under the Act, the Public Guardian is given duties which include to maintaining a register of guardians, supervising guardians, and responding to concerns about the actions of guardians.
A concept relating to the Inheritance Act 1975 that determines whether or not certain individuals have been adequately provided for by an estate
The process of sending an LPA or EPA to the Office of the Public Guardian for them to add to their register. The register is public and anyone can request information from it.
A type of secondary legislation made by the Government or a regulatory agency of government, usually subject to approval by Parliament, and having the force of law. Regulations set out the terms under which legislation is implemented and how it should be conducted.
Where a court or other fee is reduced due to the financial position of the person responsible for paying it.
When someone formally gives up all rights to apply for a Grant of Representation and/or act as a personal representative of an estate.
The residuary estate is the money that is left in a Will after all debts, expenses, tax (if any) and any legacies have been paid. It can be made up of a mixture of property, cash, investments, personal effects, and anything else that you own.
To cancel and/or replace one or more existing wills and/or Powers of Attorney.
The rules that govern how courts operate, and which parties using the court must follow and comply with. Rules of court are supplemented by practice directions
The formal procedure of sending documents to another person or party involved in an application. Strict timescales can apply.
A written statement of fact that is witnessed and signed by a solicitor.
A Will that is put together on behalf of someone who no longer has testamentary capacity, and is approved by the Court of Protection.
The process of formally signing an oath. Individuals can swear on the holy book of their choice. Alternatively, they can choose to affirm.
Making preparations to ensure an estate will not be subject to more than the appropriate level of inheritance tax.
Being of sufficiently sound mind to make a Will.
Someone who has made a Will. A female testator is sometimes referred to as a 'testatrix'.
A legal mechanism for money or property from an estate to be held on behalf of a beneficiary or group of beneficiaries.
In general terms, a trust corporation is a corporation set up to carry on trust business. In practice, they are often banks and financial institutions but can also be charities or legal firms. There are technical requirements that a corporation must satisfy to be a trust corporation. Trust corporation status confers certain legal advantages, for example, acting as Court of Protection deputies and attorneys.
Any land, buildings, money or other assets that are held in trust.
A person who has been appointed to manage a trust on behalf of the named beneficiaries or potential beneficiaries. They are responsible for ensuring the terms of the trust are followed correctly and for making decisions about when or how the contents of the trust are distributed.
A legal document made by an individual to set out how their estate should be distributed after their death.
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