Technical Terms Flashcards

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1
Q

Will

A

Persons instruction on how to dispose of their property on their death

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2
Q

Testator/Testatrix

A

The person making a will - (or male) (trix female)

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3
Q

Codicil

A

Document to make a small change to a will - executed in same ways as a will

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4
Q

Executor/Exectrix

A

Person appointed by the will to deal with the estate (or male trix female) and responsible for collecting in assets and paying debts and distributing estate according to the instructions in the will

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5
Q

Administrator/Administratrix

A

Administers the estate in the case of intestacy or a formal will does not appoint an executor or appointed exec unwilling or unable to act (or male) (Trix Female)

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6
Q

Personal representative

A

Collective name for executors and administratoers

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7
Q

Grant of probate

A

Court Order obtained by the executor to enable them to deal with the estate

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8
Q

Grant of letters of adminstration

A

Court order to all Administrators to deal with the estate

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9
Q

Civil Partner/Spouse

A

Civil partner is someone who has entered into a formal civil partnership with another under the Civil Partnership Act 2004 ( CPA 2004) opposite sex only from Dec 2019 Civil partnership (opposite sex couples) Regs 2019/ Spouse - Legal Marriage.

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10
Q

Power of appointment

A

A right which may be given to a beneficiary under a will to decide who should receive the property of the testator

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11
Q

Beneficiary

A

Person who has received a legacy from a will

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12
Q

Full Intestacy

A

Occurs when a person has died without a valid will

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13
Q

Partial intestacy

A

Occurs when all property is not disposed of by way of the will due

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14
Q

Donatio Mortis Causa

A

Death bed gift - Gift given in contemplation of death/gift conditional of death / Donor must part with gift

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15
Q

Inter Vivos

A

Lifetime gift

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16
Q

Joint Ownership/Rule of Survivourship

A

Property/chattels owned equally by people on death passes to the survivor outside of the estate

17
Q

Tennants in common

A

Rule of Survivorship not applicable - Deceased share fall into estate

18
Q

Animus Tesandi

A

General intention to make a will

19
Q

Animus Revocandi

A

General intention to revoke