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Personal17 July 2024

Jargon busting — wills

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You have decided to make your will. You've met with your solicitor, discussed your needs and received advice. You then receive your will to review, but find it contains words you may not fully understand. Here is a guide to some of the most common terms used in wills.

Testator / Testatrix

The testator (male) or testatrix (female) is the person making the will.

Executor / Executrix

An executor (male) or executrix (female) is the person appointed in your will to administer your estate after your death. They are responsible for collecting your assets, paying your debts, and distributing your estate in accordance with your wishes.

Beneficiary

A beneficiary is a person or organisation that receives something from your estate under the terms of your will.

Bequest / Legacy

A bequest or legacy is a gift made in a will. This can be a specific item (known as a specific legacy), a sum of money (a pecuniary legacy), or a share of the residuary estate.

Residuary estate

The residuary estate is everything that is left in your estate after all specific gifts, debts, taxes, and expenses have been paid.

Codicil

A codicil is a document that amends or adds to an existing will without replacing it entirely. It must be signed and witnessed in the same way as a will.

Intestacy

Intestacy is what happens when someone dies without a valid will. The estate is distributed according to the rules of intestacy, which may not reflect the deceased's wishes.

Probate

Probate is the legal process of proving that a will is valid and authorising the executors to administer the estate.

If you would like some further information about making a will, contact us today on 01502 532300 or email us using the 'make an enquiry' form.

This is not legal advice; it is intended to provide information of general interest about current legal issues.

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Susannah Parr

Susannah Parr

Partner — Head of Private Client

Lowestoft, Norwich & Great Yarmouth

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