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Dictionary
We hope the following terms help in understanding some of the technical language used, however we are always here to answer any of your questions so please do not hesitate in contacting us.
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Absolute interest
An interest that the beneficiary is completely
entitled to immediately, without any restrictions.
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Abatement
A reduction of the amount of
legacies or debts or claims where an estate is insufficient
to pay all in full. This is normally made pro rata.
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Accumulation
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Acquisition / probate value
The value at which either the personal representatives
or the beneficiary acquires the assets.
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Adeem / ademption
Either the complete or partial extinction
of a specific bequest as a result of the deceased having gifted,
sold or otherwise disposed of it during his lifetime, other
than by revocation.
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Administration period
The period between the date of death and
the date of the close of administration.
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Administrator
The legal representatives of a deceased
person who has died without a will. They are usually the closest
relatives of the deceased.
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Advancement, power of
The power given to pay capital monies held
in trust to or for the benefit of a beneficiary of the trust.
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Affidavit / oath
Written statement by a person called 'the
Deponent', who signs it and swears or affirms to the truth
of its contents.
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Agreed value
The probate value as formally agreed by
the Capital Taxes Office where inheritance tax is payable.
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Appointment, power of
A power given by will or deed to appoint
a person or class of persons to inherit an interest.
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Apportionment
The division of income in proportionate
shares between certain beneficiaries, calculated on a daily
basis
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Appropriation
The transfer of an asset, instead of its
sale proceeds, on account of a legacy or share of residue.
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Attorney
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Bequest
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Call
Demand upon the holder of partially paid
shares to pay the balance.
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Capital Taxes Office
The division of the Inland Revenue which
deals with all aspects of inheritance tax, capital transfer
tax and estate duty.
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Chose in action
Right of action to recover a sum due, or
an entitlement to an interest in an estate.
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Chain of representation
The legal system by which the executor of
a sole or last surviving executor becomes the executor of
that testator.
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Clearance certificate / certificate of discharge
A certificate issued by the Capital Taxes
Office releasing a person liable to inheritance tax from paying
further inheritance tax.
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Estate
All the assets and liabilities of a deceased
person – such as property, shares, cash, savings and
investments as well as outstanding debts.
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Estate accounts
Accounts recording the financial transactions
during the administration period.
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Estate in fee simple
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Excepted estate
An estate where no Inland Revenue account
is necessary if certain criteria are fulfilled.
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Executor
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Exit charge
A charge to inheritance tax which arises
on distributions made out of a discretionary trust.
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Gift
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Grant of representation
This is obtained from the Probate Registry
following a death. The Grant will be made to the executors
where there is a will and to the closest relatives where there
is no will. This document is called a Grant of Probate where
there is a will and a Grant of Letters of Administration where
there is no will. A deceased person's estate can be dealt
with once the Grant of Representation has been obtained.
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IHT
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Instrument of variation
A document whereby the will or intestacy
provisions of a deceased person can be varied.
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Intestacy
The situation where a person dies without
making a will fully disposing of all his assets. The administration
of ‘intestate’ estate is governed by the Administration
of Estates Act 1925.
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Legacy / bequest / devise
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Legal estate
The estate capable of being transferred or conveyed at common law.
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Letters of administration
This is obtained from the Probate Registry
following a death. The Grant will be made to the executors
where there is a will and to the closest relatives where there
is no will. This document is called a Grant of Letters of
Administration where there is no will.
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Nil rate band
The amount of the value of assets which
a deceased person can leave to friends or family without having
to pay any Inheritance Tax.
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Personal chattels
Essentially personal effects. Does not include
any chattels used at death for business purposes and any money
or securities for money.
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Personal representative
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Power of attorney
Formal deed by which one person appoints
another to act on his behalf or represent him.
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Power reserved
The power reserved by a named executor who
declines to act as such to do so at a later date.
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Probate
This is obtained from the Probate Registry
following a death. The Grant will be made to the executors
where there is a will (Grant of Probate) and to the closest
relatives where there is no will.
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Renouncing probate
The act whereby a named executor signs a
legal document which cancels his/her appointment from the
start.
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Residuary beneficiary
The person entitled to the whole of the
deceased's estate after the payment of all debts, funeral
and testamentary expenses and legacies.
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Residuary estate / residue
What remains of the estate after payment
of all debts, legacies and all taxes and expenses.
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Specific legacy
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Testate
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Testator
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Trustee
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Vested interest
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