9 Commonly Used Will Writing Terms Explained in Plain English

Free wills month is upon us and if you happen to be 55 or over this provides you with the chance to create your will completely free of charge. If you have ever considered making a will and have been baffled by the terminology this guide will provide a fast reference for common rules and terminology in plain English.

1.What Makes A Will Valid?

It must be made by a person who is of sound mind who is over 18, voluntarily and without pressure. It must be signed by 2 witnesses that are not beneficiaries in the presence of the person making the will.

2. What is a Beneficiary?

The person (or persons) named in the will who gains money, gifts, or other assets.

3.What is an Executor?

The person named in the will makes sure assets and property go to the person it is supposed to.

4.What does intestate mean?

Dying without making a will

5. What is probate?

A legal court process that determines if the will is valid.

6. What is a codicil?

A written supplement to the will that adds, subtracts or changes the terms of the original will.

7. What is a common-law spouse?

A term that is not instantly recognised by law. Even if couples have lived together a long time a will still needs to be made to ensure that the estate passes to the surviving partner.

8. What is a trust?

A legal mechanism that allows someone to look after the assets on behalf of the will’s beneficiaries.

9. What is a trustee?

Trustees are appointed to manage the ongoing trusts that arise from the will, usually if the beneficiary is under 18.

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