What are the common legal terms used in wills?
Writing a will, or even researching how to write a will, can unearth a minefield of confusing legal terminology. At Will Easy, we try our best to avoid legal jargon when discussing wills with our customers, however it is necessary that your will is written in the correct terminology to ensure that it is legally binding and can stand-up to scrutiny in case your will is challenged. In this article, our aim is to provide you with simple definitions for the most common legal terminology you may come across, it’s not exhaustive, but should help you to decipher some of the “legalese” in your will:
Ademption: The failure of a gift in a will because the property that was supposed to be given away no longer exists. For example, if a will leaves a car to a beneficiary, but the car is sold before the testator dies, the gift of the car will be adeemed.
Attestation clause: A clause at the end of the will that states that the will was signed by the testator and two witnesses.
Beneficiary: The person who receives property from the will.
Bequest: A gift of personal property in a will.
Chattel: An item of personal property that can be moved. A person can dispose of chattels in their will in any way they see fit. They can give them to specific beneficiaries, sell them, or even destroy them.
Codicil: A document that amends or adds to a will.
Contingent legacy: A legacy which transfers no interest unless a specified event occurs.
Devise: A gift of real property (land and buildings) in a will.
Estate: The property of a deceased person.
Executor/Executrix: The person who is responsible for carrying out the terms of the will. If the executor is a man, he is called an executor. If the executor is a woman, she is called an executrix.
Guardian: A person who is appointed to care for the children of a deceased person.
Inheritance tax: A tax on the transfer of property from a deceased person to their beneficiaries.
Intestate: A person who dies without a will.
Lapse: The failure of a gift in a will because the beneficiary dies before the testator. For example, if a will leaves a sum of money to a beneficiary's child, but the child dies before the testator, the gift of the money will lapse.
Power of attorney: A document that gives someone else the authority to make decisions on your behalf if you become unable to do so.
Probate: The legal process of proving a will and distributing the estate of the deceased person.
Revocation: The act of cancelling a will. A will can be revoked by the testator making a new will, or by destroying the old will with the intent to revoke it.
Testator/Testatrix: The person who makes the will. If the testator is a man, he is called a testator. If the testator is a woman, she is called a testatrix.
As a reminder, these are a non-exhaustive selection of the most common legal terms used in wills, if you feel like we’re missing anything, please don’t hestitate to get in touch.
