36 legal terms, plain English
Legal Terms Glossary
The jargon you'll meet in Wills, Probate, LPAs and Trusts, defined in plain English. Each definition is written and reviewed by Aaron Johnson, Consultant Solicitor (TEP).
Wills
- Will
- A legal document that sets out how you want your money, property, and possessions distributed when you die. It also appoints executors to administer your estate and, where relevant, guardians for any children under 18. A valid Will must be signed by you and witnessed by two adults. Read the full guide
- Testator
- The person who is making the Will. The term is used in legal documents to describe the Will-maker. A female testator is sometimes called a testatrix in older drafting, but modern practice uses testator for both.
- Executor
- The person you appoint in your Will to administer your estate after you die. Executors collect your assets, pay your debts and taxes, and distribute what's left according to your Will. You can appoint up to four executors, and they can be family members, friends, or professionals.
- Beneficiary
- A person or organisation who receives something under a Will or Trust. Beneficiaries can be named individually (e.g. "my daughter Jane") or as a class (e.g. "my grandchildren"). They can inherit specific items, fixed sums, or shares of the residue.
- Residue
- The remainder of your estate after specific gifts, debts, taxes, and expenses are paid. Most Wills leave the residue to the testator's spouse, children, or chosen beneficiaries. Mistakes in residue clauses are the single most common drafting error in DIY Wills.
- Codicil
- A short legal document used to add to or amend an existing Will without rewriting it entirely. A codicil must be signed and witnessed in the same way as the original Will. In modern practice, most solicitors prefer to draft a new Will rather than use codicils. Read the full guide
- Intestate
- Dying without a valid Will. When someone dies intestate, their estate is distributed according to the Rules of Intestacy, not according to their wishes. Unmarried partners, stepchildren, and friends are not protected under intestacy — only blood relatives and spouses inherit.
- Mirror Wills
- Two near-identical Wills made by a couple, typically leaving everything to each other on the first death and then to chosen beneficiaries on the second. Each Will is a separate legal document — mirror Wills can be changed unilaterally by either spouse at any time.
- Mutual Wills
- A binding form of joint Will where both parties contractually agree not to change their Wills after the first death. Unlike mirror Wills, mutual Wills cannot be revoked unilaterally. They are rare in modern practice because they remove flexibility from the surviving spouse.
Probate
- Probate
- The legal process of administering a person's estate after they die. "Probate" specifically refers to the Grant of Probate — the court document that confirms the Will is valid and the executors have authority to act. Probate is needed when the estate includes property, significant cash, or investments. Read the full guide
- Grant of Probate
- The official court document issued by the Probate Registry confirming an executor's authority to administer an estate under a valid Will. Banks, registrars, and other institutions usually require a Grant before releasing assets. Most Grants take 12–16 weeks to issue.
- Letters of Administration
- The equivalent of a Grant of Probate when someone dies without a Will (intestate). Letters of Administration appoint an administrator — usually the next of kin — and authorise them to deal with the estate under the Rules of Intestacy. The process is similar to probate but slower.
- Estate
- Everything a person owns at the time of their death — property, savings, investments, possessions, businesses, and even debts owed to them. The total value of the estate determines whether Inheritance Tax is payable and what Probate procedure applies.
- Administrator
- The person responsible for dealing with an estate when there is no Will, or when the named executors are unable or unwilling to act. Administrators are appointed by Letters of Administration and have the same duties as executors.
- Caveat
- A formal notice lodged at the Probate Registry that prevents a Grant of Probate being issued without first notifying the person who lodged it. Caveats are commonly used when there is a dispute about a Will, suspicion of fraud, or a challenge to the executor's appointment.
Lasting Powers of Attorney
- Lasting Power of Attorney
- A legal document that lets you (the donor) appoint one or more people (attorneys) to make decisions on your behalf if you lose mental capacity. There are two types: Property & Financial Affairs LPA and Health & Welfare LPA. Each must be registered with the Office of the Public Guardian. Read the full guide
- Donor
- The person who creates a Lasting Power of Attorney and grants the legal authority to their chosen attorneys. The donor must have mental capacity at the time of signing — once capacity is lost, an LPA cannot be created and the family must apply to the Court of Protection.
- Attorney
- A person appointed under a Lasting Power of Attorney to make decisions on behalf of the donor. Attorneys must follow the principles of the Mental Capacity Act 2005 and always act in the donor's best interests. The term "attorney" in this context has no connection with US "attorneys-at-law".
- Property & Financial Affairs LPA
- One of the two types of Lasting Power of Attorney. Lets your appointed attorneys manage your bank accounts, property, pensions, and bills. Can be used immediately on registration (with your permission) or only if you lose capacity, depending on how you set it up.
- Health & Welfare LPA
- The other type of Lasting Power of Attorney. Lets your attorneys make decisions about your medical treatment, care home placement, and day-to-day welfare if you lose mental capacity. Cannot be used while you have capacity — only activates if and when capacity is lost.
- Office of the Public Guardian
- The UK government body responsible for protecting people who lack mental capacity. The OPG registers Lasting Powers of Attorney and supervises Court-of-Protection deputies. An LPA cannot be used until it is registered with the OPG (£82 registration fee per LPA).
- Court of Protection
- The specialist court that makes decisions for people who lack mental capacity and have no LPA in place. The court can appoint a deputy to manage someone's affairs, but the process takes 6+ months and costs significantly more than setting up an LPA in advance.
- Deputy
- A person appointed by the Court of Protection to manage the affairs of someone who has lost mental capacity but doesn't have an LPA. Deputies must report annually to the OPG and are subject to ongoing supervision — far more onerous than LPA attorneys.
- Mental Capacity Act 2005
- The UK statute that governs decision-making for people who may lack the ability to make their own decisions. It sets out five core principles: presumption of capacity, the right to be supported in decision-making, the right to make unwise decisions, the best-interests principle, and the least-restrictive-option principle.
Trusts
- Trust
- A legal arrangement where one person (the settlor) transfers assets to another (the trustees) to hold for the benefit of a third (the beneficiaries). Trusts are used for asset protection, inheritance tax planning, providing for vulnerable family members, and care-fee planning. Read the full guide
- Settlor
- The person who creates a Trust by transferring assets into it. The settlor decides who the trustees are, who the beneficiaries are, and what powers the trustees have. After the Trust is created, the settlor usually no longer owns the assets directly.
- Trustee
- A person or organisation who holds and manages assets in a Trust for the benefit of the beneficiaries. Trustees have legal duties of care and must act impartially. They can be family members, professionals, or trust corporations — most Trusts have 2–4 trustees. Read the full guide
- Discretionary Trust
- A Trust where the trustees have discretion to decide how income and capital are distributed among a class of potential beneficiaries. Useful for flexibility — trustees can respond to changing family circumstances. Often used in IHT planning and to protect vulnerable beneficiaries.
- Property Protection Trust
- A Trust commonly written into a Will that protects a share of the family home from being used up on care fees. On the first spouse's death, their share of the property passes into a Trust rather than directly to the survivor — protecting that share for the children.
- Bare Trust
- The simplest form of Trust, where the beneficiary has an absolute and immediate right to both the income and the capital. Often used to hold assets for children until they reach 18. Income and gains are taxed as if the beneficiary owned the assets directly.
Inheritance Tax
- Inheritance Tax (IHT)
- A UK tax charged on the value of a person's estate when they die, currently at 40% on amounts over the £325,000 nil-rate band (with additional allowances for passing the family home to direct descendants). Spouses and civil partners can inherit from each other without IHT.
- Nil-Rate Band (NRB)
- The threshold below which no Inheritance Tax is payable. Currently £325,000 per individual. Any unused NRB can be transferred to a surviving spouse, potentially doubling the threshold to £650,000 on the second death.
- Residence Nil-Rate Band (RNRB)
- An additional Inheritance Tax allowance (currently £175,000 per person) available when you leave your main home to direct descendants. Combined with the NRB, a married couple can pass up to £1 million IHT-free in the right circumstances.
- Potentially Exempt Transfer (PET)
- A gift made during your lifetime that becomes exempt from Inheritance Tax if you survive seven years after making it. If you die within seven years, IHT may be payable on a sliding scale (taper relief) depending on how long you survived.
General
- STEP
- The Society of Trust and Estate Practitioners — the international professional body for inheritance and succession specialists. A solicitor who has completed STEP qualifications can use the letters TEP (Trust & Estate Practitioner). STEP membership signals advanced expertise in private-client work.
- SRA
- The Solicitors Regulation Authority — the regulator for solicitors in England and Wales. All practising solicitors must be authorised and regulated by the SRA, hold an SRA ID number, and be listed on the public register. You can verify any solicitor at sra.org.uk.
SRA-regulated · STEP-qualified · Fixed fees
Stuck on a term you can’t find?
Book a free 30-minute discovery call. We’ll talk through the terminology, explain how it applies to your situation, and quote a fixed fee if you decide to instruct.