KSL ATP Probate key terms

The mental ability to make a valid will, requiring the testator to understand the nature of the act, the extent of their property, and the claims of those who might expect to benefit. It is judged at the moment of execution.

A practical safeguard where a solicitor, faced with a testator whose capacity may be doubtful, arranges for a medical practitioner to assess and record capacity at the time the will is signed, reducing later dispute risk.

The requirement that the testator actually understood and assented to the contents of the will, distinct from general capacity. Suspicion may arise where the will is prepared by a person who takes a benefit.

Coercion that overbears the testator's free will so the will expresses another person's wishes rather than the testator's own. It must be proved affirmatively; mere persuasion or affection is not enough.

The situation where a person dies without a valid will, or where a will fails to dispose of all assets, so that statute dictates who inherits and in what shares.

A death where a valid will exists but does not dispose of the whole estate, leaving a residue or specific asset to pass under the intestacy rules.

A fixed sum payable to a surviving spouse or civil partner from an intestate estate before the residue is shared with children or other relatives, the amount being set by regulation.

A person's lineal descendants, including children, grandchildren and remoter generations, who may take under a will or under the intestacy rules by representation.

A method of dividing an estate by family branch, so that each deceased child's share passes to that child's own descendants rather than being shared equally among all surviving relatives.

The court's formal confirmation that a will is valid and that the executors named in it have authority to administer the deceased's estate. The grant is evidenced by a sealed document.

The umbrella term for the court document that empowers a person to deal with a deceased's estate, covering probate, letters of administration with will annexed, and letters of administration.

A grant made where there is no valid will, or no executor able or willing to act, appointing an administrator to collect and distribute the estate according to law.

The specific grant issued to named executors proving a valid will, confirming their appointment and authority to administer the estate in accordance with its terms.

A formal written disclaimer by a person entitled to a grant, such as an executor or a relative, giving up their right to act or to take, usually before any step in administration is taken.

An authority by which a person entitled to a grant appoints another to apply for and take the grant on their behalf, typically used where the entitled person is absent or incapacitated.

A person named in a will to carry out its terms, including collecting assets, paying debts and distributing the estate. Their authority derives from the will and is confirmed by probate.

A person appointed by the court through letters of administration to administer an estate, either because there is no will or because no executor is able or willing to act.

The collective term for an executor or administrator, describing the person who stands in the deceased's shoes to deal with the estate and who owes fiduciary duties to beneficiaries and creditors.

What remains of the estate after payment of debts, taxes, expenses and specific gifts. The residue is the fund that passes to the residuary beneficiary or falls into intestacy.

A testamentary gift of a particular asset or defined item, such as a named painting or a stated sum, which fails if the item no longer forms part of the estate at death.

The failure of a specific gift because the asset given no longer belongs to the testator at death, for example because it was sold or given away during their lifetime.

The failure of a gift because the intended beneficiary dies before the testator, unless a substitutionary provision or a statutory anti-lapse rule saves it for that beneficiary's issue.

The reduction of gifts when the estate is insufficient to meet all of them after debts and expenses, applied in a set order so that residue bears the shortfall before specific gifts do.

An estate whose assets are insufficient to pay debts, expenses and liabilities in full, requiring statutory ordering of payments and possible application of bankruptcy rules to creditors.

An interim grant made to preserve and manage an estate while a dispute over the validity of a will or entitlement to a grant is being resolved by the court.

A notice lodged to prevent a grant being issued without warning to the person who lodged it, used where a will's validity or a person's entitlement is disputed.

The formal notice served on a person who has entered a caveat, requiring them to state their interest and grounds, failing which the caveat may be cleared and a grant issued.

A court process compelling a person with a prior right to a grant to decide whether to take it, so that a later applicant can proceed if the cited person declines or defaults.

The sworn statement accompanying a probate application in which the applicant confirms the will, the estate value, and their entitlement and intention to administer according to law.

A sworn schedule listing the estate's assets and liabilities and, where required, an account of the administration, filed in support of an application or ordered by the court.

A signed declaration that the contents of a probate application or accompanying document are believed true, replacing an oath in many modern procedures and carrying contempt consequences if false.

The high standard of loyalty and good faith owed by a personal representative or trustee, requiring them to act in the beneficiaries' interests, avoid conflicts, and not profit from their position without authority.

A transaction in which a personal representative or trustee buys estate or trust property for themselves or otherwise deals on their own account, which is generally voidable unless expressly authorised.

A situation where a personal representative's or trustee's personal interest or duty to another party may improperly influence their administration of the estate, requiring disclosure or removal.

The obligation of a personal representative or trustee to keep proper records and to render a full account of receipts, payments and distributions to beneficiaries or the court on request.

An arrangement in which property is held by trustees for the benefit of beneficiaries, separating legal ownership from beneficial enjoyment and imposing enforceable duties on the trustees.

A person holding legal title to trust property and bound to administer it for the beneficiaries in accordance with the trust instrument and general law.

A person entitled to the benefit of property held in a trust or estate, whether as a specific, residuary or discretionary object, and who may enforce the trustee's or representative's duties.

A statutory claim by a spouse, dependant or other eligible person for reasonable maintenance from an estate where the will or intestacy fails to make adequate provision for them.

The principle that a person may dispose of their property by will as they choose, subject to statutory limits such as family provision claims and forced heirship rules.

A tax charged on the value of a deceased person's estate transferred on death, calculated after reliefs and exemptions and payable before or on distribution of the estate.

The threshold value of an estate below which no inheritance tax is payable on death, with any unused portion potentially transferable to a surviving spouse or civil partner.

A recipient of estate assets whose gift is free of inheritance tax, most commonly a surviving spouse or civil partner or a registered charity, reducing the taxable value of the estate.

The court charge for issuing a grant of representation, often calculated on a sliding scale by estate value and payable when the application is lodged.

The rules determining which jurisdiction's law governs a will, succession or estate administration where the deceased had assets or connections in more than one country.

The legal home a person intends to keep permanently, which can determine which succession law and tax regime apply to their movable estate on death.

The professional duty to give clients clear information about scope, fees, timescales and risks, to keep them informed, and to act competently and in their best interests throughout the matter.

The duty not to disclose information about a client or estate without authority or legal compulsion, subject to limited exceptions such as preventing crime or complying with court orders.