Reference
Will & estate glossary
Plain-English definitions of the legal terms you'll encounter when making or dealing with a will in England & Wales.
Administrator
A person appointed by the court to manage and distribute an estate when the deceased left no valid will, or when no executor is able to act. An administrator has the same powers as an executor but is appointed under letters of administration rather than by the will itself.
Attestation
The formal process of signing and witnessing a will. Under the Wills Act 1837, a will must be signed by the testator in the presence of two independent witnesses, who must each then sign in the testator's presence. Failure to attest correctly will invalidate the will.
Beneficiary
Any person or organisation who receives a gift, share of the estate, or other benefit under a will. Beneficiaries can be named individuals, charities, or classes of people (such as 'my children'). A beneficiary must not act as a witness to the will.
Bequest
A gift of personal property (money, possessions, investments) made through a will. A gift of land or buildings is traditionally called a 'devise', though both terms are commonly used interchangeably in modern wills.
Codicil
A separate document that changes, adds to, or revokes part of an existing will. A codicil must be signed and witnessed with the same formalities as the original will. For significant changes, it is usually cleaner to make an entirely new will.
Deed of Variation
A legal document signed by beneficiaries after a person has died, redirecting some or all of their inheritance to someone else. It can also be used to reduce Inheritance Tax by passing assets to charity or into a trust. Must be executed within two years of the death.
Estate
Everything a person owns at the time of death — property, savings, investments, personal possessions, and business interests — minus any debts owed. The net estate is what remains after debts, funeral costs, and administration expenses are paid.
Executor
The person (or people) named in a will who are responsible for carrying out its instructions. This includes obtaining the grant of probate, paying debts and taxes, collecting assets, and distributing the estate to beneficiaries. You can appoint up to four executors.
Grant of Probate
The official legal document issued by the Probate Registry confirming that a will is valid and that the named executors have authority to deal with the estate. Banks, land registries, and other institutions require sight of the grant before releasing assets.
Guardian
A person appointed in a will to take parental responsibility for minor children (under 18) if both parents die. Without a named guardian, the courts decide who cares for your children. Guardians should be consulted and willing to take on the role before being appointed.
Inheritance Tax (IHT)
A tax charged on the net value of an estate above the nil-rate band (currently £325,000). The standard rate is 40%. Additional allowances apply — including the residence nil-rate band (up to £175,000 on a family home left to direct descendants) and an exemption for gifts to spouses, civil partners, and charities.
Intestacy
The situation that arises when someone dies without a valid will, or with a will that does not deal with all of their estate. The Intestacy Rules (Administration of Estates Act 1925) then determine who inherits. Unmarried partners and step-children receive nothing under the intestacy rules, regardless of how long they have lived together.
Joint Tenants
A way of co-owning property where both owners share the whole property jointly. On the death of one owner, the surviving owner automatically inherits the deceased's share by 'right of survivorship' — it cannot be left by will. Common for married couples.
Legacy
A gift made through a will. A 'specific legacy' is a particular identified item (e.g., 'my gold watch to my son'). A 'pecuniary legacy' is a fixed sum of money. A 'residuary legacy' is a share of whatever remains after all specific gifts and debts are settled.
Letters of Administration
The document issued by the Probate Registry granting authority to an administrator to deal with an estate where the deceased died intestate (without a valid will). It has the same practical effect as a grant of probate.
Mirror Wills
A pair of wills made by two people — typically a couple — with matching or mirrored provisions. Each person usually leaves everything to the other, with the same people named as executors and the same instructions if both die together. Mirror wills are independent documents; either can be changed without the other's knowledge.
Nil-Rate Band
The threshold below which no Inheritance Tax is charged, currently set at £325,000. Unused nil-rate band can be transferred to a surviving spouse or civil partner, potentially doubling the tax-free allowance to £650,000. The residence nil-rate band provides a further allowance (up to £175,000) for homes passed to direct descendants.
Personal Representative
The collective term for both executors (appointed by a will) and administrators (appointed by the court when there is no will). Personal representatives are legally responsible for administering the estate correctly.
Probate
The legal process of proving a will's validity and obtaining authority to administer the estate. Not all estates require probate — it depends on the type and value of assets held. Most banks and financial institutions require probate before releasing funds above around £5,000–£50,000 (thresholds vary).
Residuary Estate
Everything left in the estate after all specific gifts, debts, taxes, and expenses have been paid. The residuary clause in a will determines who receives this remainder — often the most important clause in a will, as it catches any assets not specifically mentioned.
Tenants in Common
A way of co-owning property where each person owns a defined share (not necessarily equal). Unlike joint tenants, each owner can leave their share to whoever they choose in their will. Often used by unmarried couples, friends, or business partners who buy property together.
Testamentary Capacity
The legal and mental ability to make a valid will. Under English law (Banks v Goodfellow 1870), you must understand: the nature of making a will and its effect; the extent of your property; the people who might expect to benefit; and you must not be suffering from a disorder of the mind that affects these things.
Testator
The person who makes and signs a will. The term 'testatrix' was historically used for a female testator, though both are now simply referred to as the testator.
Trust
A legal arrangement under which assets are held by one or more trustees for the benefit of one or more beneficiaries. Trusts in wills are commonly used to protect assets for young children until they reach a specified age, to provide for a surviving spouse while protecting capital for children, or to manage assets for a person who is unable to manage them themselves.
Trustee
A person appointed to hold and manage assets placed in a trust. Trustees have a legal duty to act in the best interests of the beneficiaries and must follow the terms of the trust. They can be the same people as the executors, though there must be at least two trustees for land.
Witness
A person who watches the testator sign the will and then signs it themselves to confirm this. Two independent witnesses are required. A witness (or their spouse or civil partner) must not be a beneficiary under the will — if they are, the gift to them fails, though the rest of the will remains valid. Witnesses must be over 18 and of sound mind.