Glossary of Terms: Private Client

Unfortunately, the law is often littered with jargon and complicated language. We don’t like jargon – it just makes everything harder to understand for our clients. So we always try to keep things simple, and easy to understand. In order to help do this, we thought we'd let you have a simple explanation of some of the phrases that you're going to hear mentioned or read in documents. We hope these help. But if you're ever confused or wonder what something is, please don't hesitate to ask us.

 

Lasting Power of Attorney (LPAs):

Attorney:

An Attorney is a person who has been appointed to make decisions on behalf of another.

Donor:

A Donor is a person who appoints another person to make decisions on their behalf.

Certificate Provider:

A Certificate Provider is a person who signs a Lasting Power of Attorney to confirm that the person who is creating the Lasting Power of Attorney has the necessary mental capacity to do so.

Power of Attorney:

A Power of Attorney is a document by which one person grants another person (or people) the power to make decisions on their behalf. There are a number of different types of Powers of Attorney.

Lasting Power of Attorney:

A Lasting Power of Attorney is a legal document that allows a person (“Attorney”) to make decisions for another person (“Donor”) if the Donor becomes unable to make decisions for themselves. There are two types of Lasting Power of Attorney: one for Property and Financial Affairs, and one for Health and Welfare.

General Power of Attorney:

A General Power of Attorney is one in which a person (“Donor”) grants the power to another person (“Attorney”) to make decisions on their behalf but only while the Donor has the necessary mental capacity to make their own decisions.

Enduring Power of Attorney:

Before Lasting Powers of Attorneys were introduced, the Enduring Power of Attorney was the only document which allowed a person (“Attorney”) to make decisions on behalf of another person (“Donor”) after the Donor lost capacity. It is no longer possible to create an Enduring Power of Attorney but existing Enduring Powers of Attorney are still valid. Enduring Powers of Attorney can not be used to make health and welfare decisions.

Deputyship Order:

If a person does not have Lasting Powers of Attorney and does not have the necessary mental capacity to create Lasting Powers of Attorney, a person must apply to the Court of Protection for a Deputyship Order so that they can make decisions on behalf of the person who has lost capacity.

Deputy:

A person who is appointed under a Deputyship Order to make decisions on behalf of a person who lacks the necessary mental capacity to make their own decisions.


Wills/Estates:

Beneficiary:

The person who gets the financial benefit of trust or receives the assets of an estate.

Testator/Testatrix:

A person who creates a Will.

Executor:

A person who is appointed under the terms of a Will to deal with the administration of an estate.

Chattels:

Personal belongings.

Legacy:

A gift of an asset made under the terms of a Will. This could be an item, a cash gift, or gift of a property.

Bequest:

A bequest is a type of legacy but it is only used to describe the gift of a particular item for example a watch, necklace or vase.

Residuary Estate:

What remains of a person’s estate once all legacies and bequests have been made and all debts, funeral expenses and taxes paid.

Nil Rate Band:

The first £325,000 (at current rates) of a person’s estate is taxed at 0% which means it passes free from inheritance tax. The nil rate band is also known as an inheritance tax allowance.

Residence Nil Rate Band:

An additional allowance which can be set against the value of residential property which the deceased has lived in which is left immediately on death to linear descendants. It is currently £175,000.

Business Property Relief:

An inheritance relief that can be claimed on certain business assets.

Agricultural Property Relief: 

An inheritance tax relief that can claimed on land which is used for agriculture (e.g farms along with certain farm buildings).

’75 Act claim:

A claim for financial provision from an estate under The Inheritance (Provision for Family & Dependants) Act 1975.

Grant of Probate:

A Grant of Probate is a legal document issued by the Probate Registry which confirms the executors of a Will. It is the document which allows the executors to sell or transfer property.

Intestate:

When a person dies without a Will they die intestate. This means that their estate is divided in accordance with the intestacy rules as set out by the law rather than divided in accordance with that person’s wishes.

Grant of Letters of Administration:

A Grant of Letters of Administration is a legal document issued by the Probate Registry which confirms who will deal with the administration of an estate where there is no Will. It is the document which allows the administrators to sell or transfer property.

Administrators:

The person or people who deal with an estate when there is no Will or if the Will does not appoint executors or if the named executors cannot or will not act. The law determines who acts as administrator.

Grant of Letters of Administration with Will annexed:

If there is a Will but it does not appoint executors or the named executors cannot or will not act then a Grant of Letters of Administration with Will annexed the document which allows the administrators to distribute the estate in accordance with the terms of the Will.

Estate:

The estate is all the money and property owned by a deceased person.

Guardian:

A person who has the legal right and responsibility to take care of a minor who is not their own child (biological or adopted).


Trust

Trust: 

A legal arrangement where a person or people holds and manages assets for the benefit of others. There are many different types of trust.

Trustees:

The people who have the legal responsibility for managing the trust assets in accordance with the terms of the trust.

Beneficiary:

The person who gets the financial benefit of trust or receives the assets of an estate.

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