Originally published: July 21, 2016 | Last updated: March 5, 2026
TL;DR: Estate planning terminology can be confusing, but you should not let unfamiliar legal jargon stop you from writing a Will. This glossary defines the most common estate planning terms ; from ademption to witness ; in plain language. Understanding these terms helps you make informed decisions without spending hundreds on legal advice. At ExpatLegalWills.com, the law is made accessible so anyone can prepare their own Will.
Complete Glossary of Will and Estate Planning Terms
| Term | Definition |
|---|---|
| Ademption | When a specific item left in a Will is no longer owned at the time of death. The bequest becomes void and the beneficiary typically does not receive a cash equivalent. |
| Administrator | A person appointed by the court to manage an estate when no executor is named in the Will, or when there is no Will (intestacy). Also called a “personal representative.” |
| Affidavit | A sworn statement signed in the presence of a Notary. An Affidavit of Execution allows witnesses to swear proactively that the Will signing was conducted correctly, simplifying future probate. Also called a “self-proving” Will. |
| Beneficiary | A person or organization named in a Will to receive assets from the estate. This can include individuals, charities, or organizations. Also called an “heir.” |
| Bequest | A gift specified in a Will. Three types: a specific item, a sum of money, or a percentage of the estate. Also called a “legacy.” |
| Codicil | A separate document that amends a Will without replacing it entirely. Historically used when rewriting a Will was impractical. Now considered obsolete ; it is better to simply create a new Will. |
| Contest | The act of legally challenging a Will after the testator’s death. Grounds include lack of mental capacity, undue influence, or improper signing procedures. Being omitted from a Will is generally not sufficient grounds to contest. |
| Duress | Being forced or pressured to sign a Will against your true wishes. Witnesses exist specifically to verify that the testator is signing without undue influence. |
| Escheat | The process by which an estate passes to the government when the deceased has no Will and no identifiable heirs. |
| Estate | All property and assets owned by a person at the time of death. Everyone has an estate ; it can be as simple as a bank account. |
| Executor | The person named in a Will to carry out its instructions: gathering assets, paying debts, distributing bequests, and providing accounts to beneficiaries. Any adult can serve; professional executors (lawyers, banks) may charge percentage-based fees. |
| Guardian | A person appointed in a Will to care for minor children if both parents die. The court makes the final decision, but typically follows the Will’s appointment if the person is willing and able. |
| Inheritance | Assets received from an estate. Tax treatment varies by country and jurisdiction. |
| Intestate | Dying without a valid Will. Assets are distributed according to a government formula, not personal wishes. A common misconception is that everything automatically passes to the spouse ; this is rarely the case. |
| Living Trust | A trust created during your lifetime (also called “inter vivos”) that transfers assets to another person while protecting them. Commonly used to reduce probate fees by decreasing the size of the estate. |
| Living Will | A document (unrelated to a Last Will and Testament) that expresses healthcare preferences if you become incapacitated and names someone to make medical decisions on your behalf. Only in effect while you are alive. |
| Probate | The legal process of verifying a Will and granting the executor authority to act. The court issues a Grant of Probate (UK) or similar document that financial institutions accept. Probate is not something to fear ; it is simply the system that validates your Will. |
| Testator | The person who creates and signs a Will. |
| Trust | A legal arrangement where assets are held on behalf of another person. Testamentary trusts (created within a Will) are commonly used for minor beneficiaries who cannot legally inherit directly. |
| Witness | An adult who is present during the signing of a Will, confirming the testator is of sound mind and acting voluntarily. Witnesses do not need to read the Will and cannot be beneficiaries. |
Why Understanding These Terms Matters
People should never allow legal terminology to block their way when they need to create their estate plans. The service at ExpatLegalWills.com operates through a user-friendly system which lets people create complete legal Wills without needing any legal knowledge. The interactive service guides you through each decision in plain language.
Key Takeaway
You should not need to spend significant sums on legal advice just to understand your own Will. The essential knowledge about these terms enables you to make educated choices about your estate planning needs.
Frequently Asked Questions
What is the difference between an executor and an administrator?
An executor is named in your Will and appointed by you. An administrator is appointed by the court when there is no Will or no executor named. The two positions share identical responsibilities because they need to handle estate assets and perform their distribution duties.
What is the difference between a Living Will and a Last Will and Testament?
A Living Will serves as a healthcare directive which activates during your lifetime when you become unable to make decisions. A Last Will and Testament only comes into effect after your death and governs the distribution of your estate. They are completely separate documents.
Can I avoid probate?
Many people fail to understand what probate means. The legal process verifies your Will and grants official authority to your executor for managing your estate. Living trusts protect your assets from probate fee costs because they reduce your estate’s total value yet probate remains a normal legal process which does not require fear.
What does “intestate” mean?
Intestate means dying without a valid Will. Your assets are distributed according to a government formula that typically splits assets between your spouse and children. There is never a situation where dying intestate is preferable to having a Will.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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