Mountain Rescue England and Wales

The legal terms used in the process of making or updating a Will can be confusing. These are the most common words and phrases.

Beneficiary
Any person or entity (like a charity) who is to receive assets or profits from an estate in a Will.

Codicil
A written amendment to a person's Will, which must be dated, signed and witnessed just as a Will would be, and must make some reference to the Will it amends. It must follow the same legal formalities as the original Will.

Contingent bequest
A gift in your Will that depends upon the occurrence of an event which may or may not happen is known legally as a contingent bequest. An example is a bequest to a charity which applies only if other beneficiaries names in the Will die before the testator (person who made the Will).

Estate
The total sum of your possessions, property and money (minus debts) left after your death.

Executors
Person(s) appointed by you to make sure the wishes in your Will are administered after your death.

Intestate
A situation where a person dies without leaving a valid Will. This usually is voiced as 'died intestate', 'intestate estate', or 'intestate succession'.

Legacy
A bequest or gift left in your Will. It can be in the form of money, property, stocks and shares or possessions.

Life interest
The right of a beneficiary to benefit from part or all of an estate for their lifetime

Pecuniary bequest
A gift of a fixed sum of money in your Will.

Probate
The process of proving a Will is valid and confirms the executors' authority to administer the estate of a dead person in accordance to the terms of the Will.

Residuary bequest
A gift consisting of the residue of an estate after all other conditions of the Will have been met, or part of such residue (meaning that once family and friends have been provided for) the remainder or a proportion of your estate is pledged to charity.

Specific bequest
The gift in a Will of a certain article to a certain person(s) or good cause eg. jewellery, furniture or other possessions.

Testator
A person who has written a Will which is in effect at the time of his/her death.