Understanding Legal Terms

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This glossary explains common legal and probate terms in plain English to help you better
understand the probate process and related documents. It is designed as a general guide only
and should not be relied upon as legal advice. For specific advice about your individual
circumstances, please contact us.

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Administrator - A person legally appointed to manage and distribute an estate when there is
no valid Will. They are usually a close relative of the deceased.

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Asset - Anything owned by the deceased that has value, such as property, money, shares,
personal possessions, or investments.

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Beneficiary - A person or organisation who is entitled to receive a gift, inheritance, or benefit
from the estate under a Will or the rules of intestacy.

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Codicil - A legal document used to make small changes or additions to an existing Will,
without creating an entirely new Will.

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Death Certificate - The official document issued by the Register Office confirming a
Derson’s death. Copies are usually required to deal with the deceased’s financial and legal
affairs.

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Estate - Everything a person owns at the time of their death, including property, savings,
investments, and personal possessions, after deducting any debts and liabilities.

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Executor - The person(s) named in the Will who are responsible for administering the estate,
paying debts, and distributing assets to the beneficiaries.

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Grant of Probate - A legal document issued by the Probate Registry confirming the
executor’s authority to deal with the estate of a person who has left a valid Will.

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Letters of Administration - A legal document issued by the Probate Registry when there is
no Will. It gives the appointed administrator authority to manage and distribute the estate.

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Inheritance Tax (IHT) - A tax on the value of a person’s estate when they die, payable if the
estate exceeds the tax-free threshold (the “nil rate band”).

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Intestacy / Rules of Intestacy - The legal rules that determine how an estate is distributed
when a person dies without a valid Will.

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Joint Tenants - A form of joint property ownership where both owners have equal rights to
the whole property. When one owner dies, the property automatically passes to the surviving
owner.

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Tenants in Common - A form of joint ownership where each person owns a defined share of
the property. The deceased’s share forms part of their estate and does not automatically pass
to the other owner.

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Nil Rate Band (NRB) - The amount of an estate that is exempt from Inheritance Tax —
currently £325,000 (as of 2025).

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Residence Nil Rate Band (RNRB) - An additional Inheritance Tax allowance (currently
£175,000) available when a home is left to direct descendants such as children or
grandchildren.

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Personal Representative (PR) - A general term referring to either an executor (where there
is a Will) or an administrator (where there is no Will).

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Probate - The legal process of proving a Will is valid and giving authority to the executor or
administrator to manage the deceased’s estate.

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Probate Registry - The section of the court that issues the Grant of Probate or Letters of
Administration.

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Testator / Testatrix - The person who has made a valid Will (testator = male, testatrix =
female, though “testator” is now used for all genders).

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Trust - A legal arrangement where one or more people (trustees) hold and manage assets for
the benefit of others (beneficiaries).

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Will - A legal document stating how a person wishes their property, money, and possessions
to be distributed after their death.