Thursday, August 7, 2008

Terms used in a Will

Beneficiary

One who is named in a Will to receive property - - one who receives a benefit or gift under a Will.



Bequest

A gift. A Will provision leaving property to a Beneficiary.



Codicil

A legal document which is a supplement to a Will. It changes an existing Will.



Donee

One who receives a gift.



Donor

One who gives a gift.



Estate

All property owned by a person when they die.



Executor

A person appointed in a Will to carry-out the wishes of the Testator and to distribute/administer the property of the deceased. In some jurisdictions this person is called a “Personal Representative”.



Guardian

A person with the legal power and duty to care for another person and/or a person’s property.



Heirs

Persons who inherit from another by operation of law where there is no valid Will.



Intestate

To die without a valid Will.



Legacy

A gift of property in a Will.



Power of Attorney

A legal document authorizing someone else to act for you/on your behalf.



Probate

A Court proceeding in which the validity of a Will is established and, in general, the distribution/administration of the property which passes under the Will.



Residue

All property given by Will or Trust after specific gifts of property have been made - -, ie. the balance/what’s left.



Testator

A person making a Will.



Trust

Legal arrangement under which one person controls property given by another person for the benefit of a third person. The person in control is the Trustee. The person giving property is often called the Settlor/Grantor and the person receiving the benefit is the Beneficiary.



Trustee

A person appointed to administer a Trust.



Will

A legal document in which a person sets-out his/her intentions about what he/she wants done with his/her property after death.



Witness

A person who saw/observed a specific event such as the signing/execution of a Will.