Are you put off by some of the daunting legal terms involved in the Will making process? We have put together some of the most common terms used and a simple explanation of what they mean:
ADMINISTRATOR - someone who is appointed by law to settle your affairs if you die without a Will.
BENEFICIARY - anyone who receives from a Will.
BEQUEST - a gift left in a Will - see Legacy below
CODOCIL - a legal document adding to, or altering an existing Will
CROWN OR TREASURY - The Government. Where your money and property go if you have not made a Will and have no next of kin.
ESTATE - the total value of everything you own at your death, less any outstanding commitments
EXECUTORS - the people you choose to ensure the instructions in your Will are carried out. They can be a solicitor, a friend or a family member.
INHERITANCE TAX - a 40% tax payable on estates worth over £325,000 (2009-10). Money left to your spouse or a charity is not taxed. If your spouse pre-deceased you and did not use up their full inheritance allowance, this will be added to your own at the rate prevailing at your death.
INTESTACY - the name for the situation which arises when someone dies without making a Will.
LEGACY - a gift left in a Will. (Otherwise called a bequest) It can be...
- Specific: a gift of a definite object or property.
- Pecuniary: a gift of a specific sum of money.
- Residuary: a gift left when other legacies and expenses have been paid
- Revisionary: a gift to someone for their lifetime which after their death goes to someone else
PROBATE (IN SCOTLAND CONFIRMATION) - the legal process to establish whether your Will is valid and the legacies can be distributed as specified.
TESTATOR/TESTATRIX - you, the person making the Will.
TRUST - an arrangement you can make in your Will to administer part of your assets after your death.