Skip to Main content

Search results for ''...


Sorry, there were no results

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

A

ad colligenda Grant - full name - Grant ad colligenda bona; a limited type of Grant allowing the administrators to carry out only a specific task, e.g. sell a property, collect assets etc.

 

administration – the process of dealing with an estate or a trust; involves collecting in all the assets of an estate or a trust, looking after those assets, paying all the debts and liabilities and making distributions to the beneficiaries; to administer an estate, a Grant is required 

 

administrator – a person dealing with the estate of somebody who has died; their entitlement to act does not arise from a Will

 

ADR – Alternative Dispute Resolution – any means of resolving a legal dispute outside of the courtroom; there are different types of ADR e.g. early neutral evaluation, negotiation, conciliation, mediation, and arbitration

 

affidavit – a written statement, which the maker needs to swear to be true in front of a notary or a commissioner for oaths

 

appearance – reply to a warning

 

assets – all monies, investments, land and property that a person owns

 

B

Beddoe Order – an order of the court granting personal representatives or trustees the permission to incur costs involved in bringing or defending a claim and to have such costs paid by the estate or trust

 

beneficial interest – an entitlement to receive the benefit of an asset or a share of an asset (often a house or land), which may legally be held in someone else’s name 

 

beneficial joint tenants – co-owners of a property, but none of them have a specified share; when one joint tenant dies, the property automatically passes to the other joint tenant(s) by survivorship

 

beneficial tenants in common – co-owners of a property where each person owns a specified share; they are capable of gifting that share in e.g. a Will; survivorship does not apply. 

 

beneficiary – a person who is entitled to receive money or property from a trust or an estate

 

blessing order – an order of the court approving a decision of trustees or personal representatives

 

breach of trust – an act of trustees, which is in violation of their legal duties

 

C  

capacity - mental ability to make your own legal decision (e.g. marry, make a Will etc.)

 

caveat – a notice registered with the Probate Registry, which prevents a Grant of Probate or Letters of Administration from  being issued

 

CFA – commonly used abbreviation for Conditional Fee Agreement

 

citation – a type of order made by the Probate Registry, which requests a person to take a specific step (e.g. enter an appearance, take a Grant)

 

codicil – a document amending or adding provisions to a Will

 

common law spouse – a myth; a common misconception that a couple living and having children together acquire the same legal status as a married couple

 

Conditional Fee Agreement – an arrangement for funding of your own legal costs, where your liability to pay part or all of your own solicitor’s fees is made conditional upon your case being successful  

 

contentious probate – an area of law concerning disputes relating to the administration of an estate

 

D

deceased – a person who has died

 

devastavit – wrong committed by a personal representative, who has caused the estate a loss by acting in violation of their duty

 

discretion – freedom to decide

 

discretionary trust - a type of a trust, in which beneficiaries do not have a specified beneficial interest or entitlement; anything that the beneficiaries receive is at the discretion of the trustees

 

distributions – payments (in cash or by way of a transfer of an asset) made to beneficiaries of a trust or an estate

 

E

estate – all the wealth left by the deceased, i.e. all their assets less their liabilities

 

estoppel – a legal doctrine, in accordance with which the court will compensate a person who, to their detriment, relied on a promise made to them by another person

 

execute – sign in the presence of a witness, with an intention of giving effect to the document 

 

executor – a person named in a Will of the deceased, who will be responsible for the administration of their estate

 

F

fiduciary – someone who has undertaken to act on behalf of someone else in circumstances which give rise to a special relationship of trust and confidence, e.g. a carer is a fiduciary of the person they are caring for; a trustee is a fiduciary of the beneficiaries

 

forged will – a will that is not valid because it was signed by someone other than the testator

 

G

Grant – a document issued by the Probate Registry confirming who is entitled to administer the estate 

 

H

habitual residence – the place where you have a fixed or permanent home; unlike domicile a factual not a legal concept

 

I

Inheritance Act claim – also known as IHA claim or 1975 Act claim - a claim in which the claimant is asking for a provision to be made for them out of an estate in circumstances where, in accordance with the will or intestacy, they would have received less than what they say they need; the claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975

 

IHT - Inheritance Tax

 

intestate – a person who died without leaving a will

 

J

joint tenants – co-owners of a property, but none of them have a specified share; when one joint tenant dies, the property automatically passes to the other joint tenant(s) by survivorship

 

judgment – decision of the court

 

K

knowledge and approval – a requirement that the testator is aware of the contents of his/her Will and approves it, fully appreciating what is in his/her estate, who may be expecting to inherit it, and the effect that the dispositions he/she makes will have when he/she dies

 

L

life interest – the entitlement of a life tenant

 

life tenant – a person who has the right to benefit from an asset for as long as they live; e.g. the right to live in a property for the rest of their life, or the right to receive an income generated by a capital sum for as long as they live.

 

locus standi - the right to bring a claim

 

Letters of Administration – the name for the Grant issued in relation to an intestate estate; i.e. a Grant issued to an administrator 

 

litigant – a person who is involved in court proceedings, either a claimant or a defendant

 

litigation friend - a person who conducts court proceedings on behalf of a child or a protected party

 

M

mediation – a form of ADR, in which parties negotiate with each other via a mediator 

 

mediator – a neutral person, not connected with any party to a dispute, who facilitates negotiations and helps parties to a dispute reach an agreement

 

mental capacity – capacity

 

mirror wills - almost identical wills, in which people leave their estate to each other

 

misrepresentation - an untrue or misleading statement of fact made either fraudulently, negligently or innocently, which had the effect of inducing someone to do something they would not have otherwise done

 

mutual wills – wills made by two or more people who agree that they will not, in the future, revoke or amend their wills without one another’s consent

 

N

neutral stance – a position of a party to a dispute where they do not support either side of the argument; a party taking a neutral stance is prepared to be bound by any result that others in the dispute may be able to agree between themselves or any order of  the court

 

no win no fee – a type of CFA where none of your own solicitor’s costs are payable unless your case is successful   

 

O

oath – a declaration which the person making it swears to be true before someone who is authorised to administer oaths

 

P

Personal Representative – either an executor or an administrator

 

property – assets; may also be used to mean specifically land or a house

 

party to a dispute – anyone involved in a dispute; claimant or defendant 

 

probate – the process of administration of an estate where there was a valid Will

 

pecuniary legacy - a fixed sum of money left in a Will to a particular person

 

protected party - a person who by reason of a mental disorder is not able to manage their own affairs

 

Q

quantum – value

 

R

remainderman - the person who is entitled to an asset only after the life interest comes to an end

 

renounce – to give up an appointment as an executor

 

Red Cross trust - a trust usually set up for the benefit of one beneficiary, most often a charity, but giving trustees the power to add additional beneficiaries at a later date, so as to achieve greater levels of confidentiality

 

S

settlor - a person who sets up a trust, i.e. transfers their property to the trustees, so they hold it for the trust’s beneficiaries

 

sham trust - a pretence; a transaction that is pretending to be a trust, when in reality it is not, because e.g. the settlor still controls the property that he/she pretends to have transferred to the trust 

 

spouse exemption – relief from Inheritance Tax; the value of the gifts made to a spouse of a deceased is exempt from Inheritance Tax

 

subpoena – a summons issued by a court compelling an individual to provide a document e.g. to deliver the original Will to court. 

 

summons – a legal document issued by a court usually requiring attendance at court

 

T

testator – author of a Will; a person who makes a decision as to who they want to leave their assets to when they die

 

trust - a legal structure, into which a person (a settlor or testator) decides to transfer their assets, so that those assets are held for the benefit of someone else (the beneficiaries)

 

trustee – a person who operates a trust; a trustee legally owns the property transferred into a trust, but for the benefit of others (beneficiaries), not themselves

 

trust instrument – a document creating the trust, setting out its terms 

 

tenants in common – co-owners of a property where each person owns a specified share; they are capable of gifting that share in e.g. a Will; survivorship does not apply. 

 

testamentary – relating to a Will

 

U

undue influence - influence exerted on someone, so they feel obliged to gift something they own in their Will or during their lifetime, not because they wish to but because they feel they have no other choice. 

 

V

vexatious litigant – a person who engages in court proceedings without having a legitimate claim, to inconvenience their opponent  

 

W

warning - notice sent to the person who registered a caveat

 

wasted costs – an award for costs incurred by the opponent but made against a party or their legal representative as a result of unreasonable or improper conduct on the part of that party or their legal representative  

 

Will – legal document, in which the author (testator) directs who should inherit their assets after they die

 

Will drafter – the person who prepares a Will on the instructions of the testator

 

X

“X” -  a testator who cannot write can endorse some other kind of marking in place of his/her signature; the Will will be valid if, when doing so, he/she has capacity and knowledge and approval, and if the other formalities of execution are complied with.

 

Y

Re Yorke – the name of a case in which the court gave directions to personal representatives who wished to distribute an estate where certain long term liabilities needing to be paid first could not be ascertained.  

 

Z

zealous witness – an informal term used to describe a witness whose evidence is biased in favour of the party calling him/her

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

^
Jargon Buster