UK Estate Planning Glossary

Plain-English definitions of 56 UK will, probate, and inheritance terms, focused on the law of England & Wales. Updated April 2026. For context, pair with our full guide library.

A

Administrator

Person appointed by the Probate Registry to deal with an estate where there is no valid will (or no surviving executor willing to act). Grant of Letters of Administration is issued to them.

Adopted child

Under section 67 Adoption and Children Act 2002, an adopted child is treated in law as the child of the adopters and not of the biological parents, including for inheritance purposes.

Attestation clause

The paragraph at the end of a will stating that it was signed by the testator in the presence of two witnesses who then signed in the testator's presence. Not legally required but universally used.

B

Beneficiary

A person or organisation named in a will to receive a gift, property, or share of the estate.

Bequest (Legacy)

A gift of personal property (money, jewellery, goods) left in a will. A 'specific bequest' is an identified item; a 'pecuniary bequest' is a sum of money.

Business Relief

Relief from inheritance tax of 50% or 100% on qualifying business assets owned for at least two years. Does not apply to investment property or shareholdings in investment companies.

C

Caveat

A formal notice lodged at the Probate Registry preventing the issue of a grant of probate, typically used when someone intends to challenge a will.

Chargeable estate

The part of an estate left after all exemptions, reliefs, and the nil-rate band have been applied. Inheritance tax is charged on this figure at 40% (or 36% if 10%+ is left to charity).

Chattels

Personal possessions such as furniture, jewellery, vehicles, and household items. Defined in section 55(1)(x) Administration of Estates Act 1925.

Children Act 1989

The primary legislation governing parental responsibility and guardianship in England & Wales. Section 5 allows testamentary appointment of guardians.

Codicil

A short supplementary document amending an existing will. Must be signed and witnessed with the same formalities as a will. Generally rewriting the will is safer.

Cohabitee

An unmarried partner. Cohabitees have no automatic inheritance rights under the intestacy rules in England & Wales, though they may claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Crown

If someone dies intestate with no surviving relatives within the statutory list, their estate passes to the Crown (bona vacantia) and is administered by the Treasury Solicitor.

D

Deed of Variation

A document signed within two years of death by beneficiaries to redirect part of an estate, sometimes for tax planning or family reasons. Has retrospective effect for IHT and CGT if properly worded.

Domicile

A person's permanent home for legal purposes. Critical for inheritance tax — UK-domiciled individuals are taxed on worldwide assets; non-UK domiciles only on UK assets.

E

Estate

All the property, money, and possessions a person owns at death, less their debts. Can be 'gross' (before debts) or 'net' (after debts).

Executor

Person named in a will to administer the estate: collect assets, pay debts, and distribute to beneficiaries. Obtains a Grant of Probate from the Probate Registry.

G

Grant of Probate

The official document issued by the Probate Registry confirming the executor's authority to deal with the estate. Required by banks, Land Registry, and most third parties for estates above £5,000–£50,000 (threshold varies by institution).

Guardian

Adult appointed under section 5 Children Act 1989 to take parental responsibility for a child if the parent(s) die while the child is under 18.

I

Inheritance Tax (IHT)

UK tax on estates over £325,000 per person (nil-rate band), plus up to £175,000 residence nil-rate band for a main home passing to direct descendants. Standard rate 40%, reduced to 36% if 10%+ left to charity.

Intestacy / Intestate

Dying without a valid will. Distribution of the estate follows a fixed statutory order under the Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014.

Issue

Direct descendants: children, grandchildren, great-grandchildren. Includes adopted but excludes step-children unless specifically provided for.

J

Joint tenants

Co-ownership of property where the survivor automatically inherits the whole on the other's death (right of survivorship), outside the will.

L

Lasting Power of Attorney (LPA)

A document appointing one or more attorneys to make decisions on your behalf if you lose mental capacity. Two types: Property and Financial Affairs, and Health and Welfare. Must be registered with the Office of the Public Guardian.

Legacy

A gift in a will — see 'Bequest'.

Letter of Wishes

A non-binding document accompanying a will, expressing the testator's wishes on matters such as guardianship philosophy, distribution of personal items, and use of trust funds.

Letters of Administration

The document issued when someone dies intestate, granting authority to an administrator (rather than an executor) to administer the estate.

Life interest

A right to benefit from an asset (e.g. live in a house, receive income from an investment) for life, after which the asset passes to other beneficiaries ('remaindermen').

M

Mirror wills

Two near-identical wills typically used by couples, each leaving everything to the other, with matching secondary beneficiaries. Each is a separate will and can be revoked independently.

Mutual wills

Stronger than mirror wills: wills made under a binding agreement not to change. Create a constructive trust on the first death. Rare and risky — mirror wills are almost always preferable.

N

Nil-rate band

The inheritance tax allowance before tax is charged — £325,000 per person in 2026. Unused allowance transfers to a surviving spouse or civil partner.

O

Office of the Public Guardian (OPG)

Executive agency that registers and supervises LPAs, Deputies, and other arrangements for adults lacking capacity.

P

Parental responsibility

The legal rights, duties, and authority a parent has for their child. Held automatically by the mother; by fathers if married to the mother or named on the birth certificate (births from 1 December 2003).

Pecuniary legacy

A gift of a fixed sum of money in a will.

Per stirpes

'By the root' — a gift to a class of people (e.g. children) where, if one has died leaving issue, their share passes to their issue in equal shares. Opposite of 'per capita'.

Personal Representative (PR)

Umbrella term for executor or administrator — the person legally responsible for dealing with an estate.

Potentially Exempt Transfer (PET)

A gift made during lifetime that becomes exempt from IHT if the giver survives seven years. If they die within seven years, tapered IHT may apply.

Probate

The legal process of proving a will and obtaining authority to administer the estate. Often used loosely to refer to the whole estate administration process.

Proving a will

The process of establishing a will's validity with the Probate Registry to obtain a Grant of Probate.

R

Renunciation

When a named executor formally gives up their right to act, usually by signing Form PA15 and returning it to the Probate Registry.

Residence nil-rate band (RNRB)

Additional IHT allowance of up to £175,000 where a main residence passes to direct descendants. Tapers away above a £2m estate.

Residuary estate / Residue

What remains of the estate after debts, taxes, expenses, and specific gifts have been paid out. The 'residuary beneficiary' receives this.

Revocation

Cancellation of a will. A will is automatically revoked by marriage (section 18 Wills Act 1837, with limited exceptions) or by the making of a new will with a revocation clause. Gifts to an ex-spouse lapse on divorce (section 18A).

S

Signature

The testator's signature or mark, made or acknowledged in the presence of two witnesses. Required by section 9 Wills Act 1837.

Specific legacy

A gift of a specific identified item (e.g. 'my gold watch' or 'my Ford Focus registration AB12 CDE'). If the item no longer exists at death, the gift 'adeems' (fails).

Spouse exemption

Transfers between UK-domiciled spouses or civil partners are exempt from IHT without limit. Transfers to a non-domiciled spouse are capped at £325,000 unless an election is made.

STEP

Society of Trust and Estate Practitioners — the global professional body for solicitors, accountants, and advisers specialising in estate and trust work. A STEP qualification is widely regarded as a mark of expertise in complex estates.

T

Taper relief

Reduction in IHT on gifts made 3–7 years before death: 20% at year 3–4, 40% at 4–5, 60% at 5–6, 80% at 6–7. Applies to the tax, not the value of the gift.

Tenants in common

Co-ownership where each owner holds a defined share that passes under their will (no automatic survivorship). Commonly used for tax planning and blended families.

Testamentary capacity

The legal mental capacity to make a valid will, tested under Banks v Goodfellow (1870): understanding the nature of the act, the extent of property, the claims of those who might expect to benefit, and no disorder of the mind affecting the disposition.

Testator / Testatrix

The person making the will (male / female). Must be 18 or over and have testamentary capacity.

Trust

A legal arrangement where trustees hold property for the benefit of beneficiaries under the terms of the trust deed or will. Common in wills to hold assets for minors, disabled beneficiaries, or surviving spouses.

Trustee

Person appointed to hold and manage trust property in accordance with the trust deed. Subject to fiduciary duties under the Trustee Act 2000.

W

Will

A legal document in which a person (the testator) sets out how they want their estate distributed after death, appoints executors and (if applicable) guardians. Must comply with section 9 Wills Act 1837.

Wills Act 1837

The primary statute governing the formal requirements for wills in England & Wales. Section 9 sets out the signing and witnessing requirements still in force today.

Witness

An adult (18+) who watches the testator sign the will and then signs it themselves. Must be independent — beneficiaries and their spouses/civil partners cannot be witnesses (section 15 Wills Act 1837), or their gift fails.