Clear, plain-English explanations of legal terms you may come across.
The process of gathering information relating to the assets and debts of someone who has died, paying all outstanding debts and distributing the remaining assets as per the Will (if there is one) or intestacy rules (if there isn’t).
A personal representative of someone who has died without leaving a Will. The administrator is responsible for administering the estate.
A legal document used to specify situations where someone would wish to refuse certain types of medical treatment or care in the future.
A document similar to an advance decision that isn’t legally binding. It can be used to set out wishes regarding future care and/or medical treatment.
A written statement of fact that is witnessed and signed by a solicitor.
Someone making an application to the Court of Protection to be appointed as a Deputy and/or for permission to make a specific decision on behalf of someone else.
Someone who is appointed in a Power of Attorney to act on the donor’s behalf.
A type of lawyer who works with your solicitor, provides formal advice and speaks on your behalf in court.
An individual or organisation who stands to inherit something in a Will or by virtue of the intestacy rules. A beneficiary can also be someone entitled to receive property, money or other assets from a trust.
This is often referred to as ‘mental capacity’ and is the ability to make informed decisions independently. To be considered to have capacity, a person must be judged able to understand and fully weigh up information relevant to their decision. In England and Wales, capacity is governed by the Mental Capacity Act 2005.
This act replaced most existing legislation on adult social care. It covers a wide range of issues affecting elderly people, their family and carers. This includes the role of local authorities, how care needs are assessed, standards of care and the safeguarding of elderly and vulnerable people.
The National Will Register.
A photocopy of an original document (such as a passport or certificate) that has been signed by a solicitor to confirm it is an exact copy of the original.
Any personal possessions an individual owns that are not land or buildings. This includes clothing, technology, art, jewellery, pets and vehicles.
Someone making a claim or asking a court to make a decision.
Another term for the Guardianship Act 2017, named after missing York resident Claudia Lawrence.
An official alteration to a Will, recorded in a separate document.
The area of the law that deals with inheritance disputes and challenges to wills.
Another word for a barrister.
An office of the High Court that has the power to make decisions about the property, financial affairs, healthcare and general welfare of individuals who don’t have the mental capacity to do so themselves. The Court of Protection has the power to appoint deputies and decide whether an individual still has the capacity to make their own decisions.
