Friday, August 8, 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.

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