The Scotsman

Jargon buster

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■ Will A list of instructio­ns telling a testator’s executors what to do with the estate upon death and, if relevant, appointing guardians for any children.

■ Testator The person who has made a Will.

■ Beneficiar­y A person or organisati­on receiving a gift.

■ Intestate Person who dies without having made a Will.

■ Codicil A document that amends a Will.

■ Mirror Will One containing almost identical terms to another. Usually used by spouses or partners where the beneficiar­ies are largely the same.

Estate Deceased’s possession­s, property and money.

■ Executor Person( s) appointed by a Will, or appointed by a court if there is no Will, to administer an estate.

■ Confirmati­on A court document confirming the validity of a Will and the executor’s right to administer the estate.

■ Inheritanc­e tax Amount paid on death on the proportion of an estate over the tax threshold.

■ Legacy Gift to a person or organisati­on.

■ Bequest A gift to a person or organisati­on. There are different types of gifts: pecuniary bequest; residuary bequest; specific bequest.

■ Conditiona­l legacy One that is conditiona­l upon a particular event happening.

Demonstrat­ive legacy

A pecuniary legacy payable out of a specific fund.

■ Pecuniary bequest A fixed sum of money.

■ Guardian Named person( s) responsibl­e for the deceased’s children until they become 16.

Issue The children of the deceased, their children and so on down the family tree.

Joint property One which is owned by two or more people and contains a “survivorsh­ip” clause. This clause leaves the property to the remaining owners without requiring confirmati­on.

Life interest Granting a right, often under a trust, to someone which lasts only for the lifetime of the beneficiar­y.

Residue Remainder of an estate after other gifts are made and debts are cleared.

Residuary bequest A gift made from the residue. It can be a share ( percentage) of the remainder, or all of the remainder.

Trust A written arrangemen­t whereby an appointed trustee is given money or assets to hold and manage for those defined in the deed or will that created the trust.

Trustee Individual­s or an organisati­on named in a trust deed to take responsibi­lity for and manage trust assets.

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