A gift in your Will: Legal terms explained
If you would like to leave the Parkinson's Disease Society
a gift in your Will, it may help you to
understand the legal terms below.
Beneficiary - Any person or organisation that you leave a
gift to in your Will. Beneficiaries must not be a witness to your
Will, otherwise the gift to them will be made invalid.
Bequest or legacy - A gift in your Will
Codicil - A document that makes a change or addition to
your existing Will. It must follow the same legal formalities as
your original Will.
Estate - The total sum of all your possessions, property
and money (minus debts) left after your death
Executor - The people or organisation who will make sure
that wishes in your Will are carried out. You'll need to name your
executors in your Will. They can also be beneficiaries.
Gift held in trust - A gift in your Will that reverts to
another beneficiary (such as a charity) when the original
beneficiary (the life tenant) dies. The beneficiaries have a
reversionary interest and are known as the 'remaindermen' (see
'life interest').
Guardian - The person or people you name to look after
your children if you die before they reach 18
Inheritance tax - The tax due on your estate if it is
worth more than the 'inheritance tax threshold', which is specified
by the Government each year. Inheritance tax is normally levied
after death, but sometimes you have to pay it on gifts you make
during your lifetime.
Intestate - This is when someone dies without making a
Will. Their estate will then be divided up according to rules set
by the Government that determine who inherits the estate and how
much they will receive.
Life interest - The right of a beneficiary (the 'life
tenant') to benefit from part or all of an estate while they are
still alive. Once the life interest ceases the gift passes to the
reversionary beneficiary.
Pecuniary gift - A fixed sum of money left to someone in a
Will
Probate - The legal process after someone's death,
confirming their Will is valid and giving the executors the legal
authority to administer the Will
Residue - The remainder of your estate once all debts,
taxes, administration costs and legacies (specific and pecuniary)
have been paid out
Specific gift - A particular item you name as a gift in
your Will, for example a piece of land, jewellery, shares or
property
Testator (male) or testatrix (female) - The person who
makes the Will
Trustee - If you leave part of your estate in a trust, a
trustee is responsible for it after your death.
Will - A legal document which only takes effect on your
death and deals with how you want your estate to be distributed. It
is important to remember that your Will can be changed at any
time.
Witness - Anyone who witnesses your signature on your
Will. A witness cannot be a beneficiary or their spouse or civil
partner.
Request your free Will Guide
To request your free Will Guide, or ask any
questions, contact our legacy team on 020 7963 9306 or email
legacies@parkinsons.org.uk
|