Terms used in last will and testaments - explanations of the legal jargon used by lawyers when writing a will.

1. Terms used in wills
An explanation of common legal
terms used in last will and testament
documents

2. All legal documents contain terms that have specific legal meanings. Last will and
testaments are no exception and contain words and phrases not often found in
everyday language.
Below is a list of common terms found within wills, along with an explanation of each
one:
• Absolute interest: The confirmation that a gift is given without any conditions.
• Administrator: A person appointed by a court to manage the estate of the
decedent in the case that they died intestate.
• Also known as: If some assets are placed in alternative names, these names must
be referred to using the phrase ‘also known as’.
• Attestation: This is the process of a witness observing the execution of the will by
a testator. The witnesses must sign the Attestation Clause, which is a statement
signed which outlines the circumstances in which the will was executed.

3. • Beneficiary: This is a person or legal entity who will receive money or benefits
from the will holder. The beneficiaries are often referred to using their relationship
to the decedent, their name, and their address.
• Bequest: The act of leaving a gift to a beneficiary. The decedent will bequeath
personal property, including money and real property.
• Challenges to your will: it is possible to provide in your will that your executors
may not dispense a gift unless the beneficiary has first undertaken not to
challenge the will in court. Alternatively, and additionally, you can provide that any
such gift shall be forfeit if that person challenges your will.
• Codicil: This is a written document that is use to make amendments to the will. It
is a supplement that can be used to explain or modify an existing will.
• Conditional legacy: A gift that will only be given subject to the beneficiary meeting
certain conditions.

4. • Decedent: The individual who has died.
• Encumbrance: A claim or lien on a property such as mortgages, deeds of trust,
easements, or tax liens. Encumbrance will be paid out of the property, unless
otherwise specified.
• Estate: The value of the combined assets at the time of the decedent’s death.
• Executor: A person that is specified through the will to act as the representative of
the decedent with regards to their estate.
• Intestate: When a decedent dies without a valid will (Antonym: Testate).
• Legacy: Another name for a gift made through a will. There are different types of
legacy including residue legacy, a gift of the residue, and specific legacy, a gift of a
specific item.

5. • Life time transfer: This refers to the gift of money or items being bequeathed
during the lifetime of the benefactor.
• Not yet born: If gifts are made to a group which may not be complete, such as
grandchildren, then the law will provide for inclusion in that group of all those
grandchildren living at the date of the decedent’s death, (or born within 9 months
of the decedent’s death). The decedent can also specify names or provide a cut-off
date for their birth or other qualification for membership of the group.
• Predeceased: Someone who has died before another person.
• Probate: The process that must be conducted after death in order to establish
whether the will is legally valid. This process will also ascertain who the executors
and administrators will be.

6. • Residue: The remaining assets of the estate
after the bequests have been paid and
expenses/debts have been settled.
• Revoke: To cancel or void a will. When a new
will is written, any previous wills are made
void.
• Testator: A person that executes the valid will.
• Trustee: A person of trust who may hold
property for the decedent.