legal terminology 15-16

devise

A bequest or bequeath. Usually refers to real property that is given by will, but it may also refer to any property that is given by will or the giving or property by will.

legacy

A bequest. Usually money or personal property given to another by a will.

attestation clause

A clause at the end of a will by which witnesses verify or certify that the will was properly executed.

abatement

A decrease in the bequests or legacies because there is not enough money in the estate to pay the full amount. The bequests or legacies are usually decreased proportionately.

letters of authority

A document issued by the probate court appointing a person as executor/executrix, or personal representative, of an estate. Also referred to in some states as letters testamentary. If the court document appoints a person as an administrator or administratrix, then the document is referred to as letters of administration.

ambulatory instrument

A legal document that can be changed. A will is an ambulatory instrument because is can be changed during the lifetime of the testator or testatrix.

will

A legal document that expresses how one wants property disposed of upon his or her death. Also referred to as a last will and testament or testament.

pretermitted heir

A legal heir who is unintentionally omitted in the will by the testator or testatrix.

executor (male) executrix (female)

A person named by a testator or testatrix to carry out the directions as stated in a will. Referred to in some states as a personal representatives.

testate

A person who dies leaving a legal and valid will. If one dies leaving a will, he or she is said to die testate.

intestate

A person who dies without a will. If one dies without a will, then he or she is said to have died intestate.

ward

A person who has a legal guardian. A ward may be a minor or an incompetent person.

heir

A person who has a right by law to inherit the property of another.

administrator (male) administratrix (female)

A person who is appointed by the court to administer or take charge of an estate if the executor or executrix is unable or unwilling to serve or is a person dies interstate.

guardian

A person who is legally responsible for the care of a minor or an incompetent person and/or the estate of a minor or an incompetent person. The document issued by the court granting a guardian the power of authority to act on behalf of the ward is referred to as letters of guardianship.

testator(male) testatrix (female)

A person who makes a will or a person who dies that has made a will.

escheat

A reversion of property to the state if there is no individual competent to inherit it.

citation

A summons issued requiring a person to appear in court or risk losing a right to something. In probate matters, that right may be the right to inherit.

revocation

A voiding of a will be a testator or testatrix.

nuncupative will

A will made in anticipation of immediate death that is stated orally before other persons and later put in written form.

holographic will

A will that is in the handwriting of the one making it.

petition for probate

A written application to a court that has jurisdiction over probate matters requesting that a will be admitted to probate.

durable power of attorney

A written power of attorney giving someone the power to act for a person if he or she becomes disabled. To be valid, it must be signed prior to a person becoming disabled. The person appointed to act is sometimes referred to as an attorney in fact.

creditor's claim

A written request for the payment of a bill from the estate of the deceased.

tangible property

Any article of personal property. Does not include real estate. Also referred to as a chattel.

hereditaments

Any kind of property that may be inherited.

beneficiary

Anyone who is to receive benefit from a will.

living will

Commands an action while a person is still living. It is a means by which people can set limits on the efforts to keep them alive beyond the point they would choose themselves.

conservatorship

Created by law to care for the property of an incompetent person or a minor.

cestui que trust

French. A beneficiary of a trust. A person who received benefits from a trust.

cy pres doctrine

French. As near as possible. The court will endeavor to carry out the testator's or testatrix's general intention as near as possible.

per stirpes

Latin. A method of dividing an estate. IF an estate is to be divided between two persons and one has died leaving three heirs, then one half of the estate is given to the surviving person and the other half is divided among the heirs of the deceased person.

guardian ad litem

Latin. A person designated by the court to conduct litigation of behalf of a minor.

animus revocandi

Latin. The intent to revoke.

animus testandi

Latin. The intention to make a will. Essential to a valid will.

surrogate

One appointed to act in the place of another. In some states, one who has jurisdiction over the probate of wills, guardianships, and conservatorships.

conservator

One who is in charge of a conservatorship and manages the property of an incompetent person or a minor. Letters of conservatorship are issued by the court granting a conservator the power of authority to act on behalf of the conservatorship.

estate

Property of any kind that one owns and can dispose of in a will.

trust estate

Property that is held in trust for the benefit of another.

trust

Property that is placed in the care of one person for the benefit of another.

codicil

Something added to a will that changes or modifies it in some way. A codicil may be added to change a part of a will so that the entire will does not have to be redone.

indefeasible

Something that cannot be voided, annulled, or revoked. A right to an estate that cannot be defeated is said to be indefeasible.

bequest

Something that is given to another by a will. Usually money or personal property. A legacy.

residuary estate

The estate remaining after debts, expenses, and specific bequests have been settled.

publication

The formal declaration made by a testator or testatrix at the time a will is signed stating that it is his or her last will and testament.

reversion

The future interest of the heirs of a testator or testatrix in property left to another for a specified person of time. At the end of the specified period, the property reverts back to the heirs of the testator or testatrix.

bequeath

The giving of something, such as personal property or money, to another by a will.

dower

The life estate to which every married woman is entitled upon her husband's death. Dower rights may vary from state to state.

testamentary capacity

The mental ability and capacity required by law to be sufficient for one to make a valid will.

probate

The official proving of a will as being valid or genuine. In a broader sense, it refers to all matters over which a probate court has jurisdiction.

succession

The right to an inheritance. The taking over of property that has been inherited.

precatory words

Words in a will that express a desire on the part of the testator or testatrix that are not binding upon the court.

ademption

revoking, recalling, or voiding a legacy. This can occur when a testator or testatrix disposes of property that is included in the will prior to the testator's or testatrix's death, thus voiding that part of the will.