Bereavement jargon
There are many legal terms used when someone dies. Here are some of the most common ones you’re likely to come across.
Legal terms and phrases explained
Administrator
The person who is appointed when there is no will or there is no executor to carry out the intentions of the will.
Beneficiary
Someone who is entitled to receive a specific gift, sum of money or share of the estate.
Death Certificate
This is either the medical document issued by a qualified doctor, certifying the death of a person and stating the cause if known. Or, the legal document you get afterwards from a registrar. The death certificate confirms the date, location and cause of the person’s death.
Estate
A person’s estate includes everything they own and everything that’s registered in their name.
Executor
The person or persons named in a will to deal with the estate following a person’s death.
Grant of probate
This is the official document that confirms to the executors named in the will that they have authority to deal with the estate.
Letters of administration
This is the document needed in England and Wales when there is no will, or there is no named executor in the will. It gives the administrator the authority to deal with the estate.
Confirmation
This is the document needed in Scotland to confirm who has authority to deal with the estate. When there is a will, this will be given to the executor-nominate. if there is no will, it is given to the executor-dative.
Inheritance Tax
A tax on the estate that generally applies when someone dies and the value is above a specific threshold. It’s paid before the estate can be distributed to the beneficiaries.
Intestate or Intestacy
When someone dies without leaving a valid will in place.
Personal representative
The executor or administrator managing the deceased's estate. They’re responsible for administering the estate. This involves collecting all assets and settling all outstanding bills and debts from either the estate or insurance policies.
Probate
Probate is the legal process of dealing with someone’s estate after they’ve died. It involves proving the will is valid (if there is one) and giving someone the authority to manage the estate.
Will
A legal document that indicates who should benefit from the estate and how. It also appoints an executor to deal with the estate. It may also appoint guardians or contain funeral wishes.