Glossary of terms

A list of terms and definitions used in the Wills section:

A   B C D E   F   G   H I   J   K   L   M   N   O P   Q   R   S T   U   V W   X   Y   Z


A

ADMINISTRATOR

A person appointed by the court to administer the deceased estate (For example, when a person dies without a will). The term “personal representative” is now used to describe either an executor or an administrator of the estate of a deceased individual.

ADULT INTERDEPENDENT PARTNER

Under the Adult Interdependent Relationships Act, a person is the adult interdependent partner of another person if the person has lived with the other person in a relationship of interdependence for a continuous period of not less than 3 years, or of some permanence if there is a child of the relationship by birth or adoption. A person can also be the adult interdependent partner of another person if they have entered into an adult interdependent partner agreement with the other person. Persons who are related to each other by blood or adoption may only become adult interdependent partners of each other by entering into an adult interdependent partner agreement.

C

CONSANGUINITY DISTRIBUTION SCHEME

Where there is no immediate family (i.e. spouse/partner, descendants, father, mother, siblings or their descendants), the intestate estate passes to next of kin of equal degree of consanguinity (blood relationship) to the intestate. It is the degree of relationship to the deceased that determines who inherits. For example, aunts and uncles of the intestate are three degrees of relationship and would inherit ahead of cousins who are four degrees of relationship. This scheme differs from the Parentelic Distribution Scheme.

D

DESCENDANT

A person whose descent can be traced to a particular individual. A lineal descendant means a person who is in direct line to an ancestor for all generations (such as a child, grandchild, great-grandchild, etc.).

E

EXECUTOR

A person appointed by a testator to carry out the directions set out in their will. The term “personal representative” is now used to describe either an executor or an administrator of the estate of a deceased individual.

I

INTESTATE ESTATE

An estate, or any part of an estate, that is not disposed of by will.

P

PARENTELIC DISTRIBUTION SCHEME

Where there is no immediate family (i.e. spouse/partner, descendants, father, mother, siblings or their descendants), the intestate estate passes to the grandparents (or great-grandparents) or to the heir(s) closest to the grandparents (or great-grandparents) in each line of descendants. The term “parentela” means those individuals who trace descent from one ancestor. It is the degree of relationship to the nearest common ancestor that determines who inherits. This scheme differs from the Consanguinity Distribution Scheme.

For further information as to how this scheme relates to the new Act, see Parentelic Distribution Chart.

PERSONAL REPRESENTATIVE

The term “personal representative” is now used to describe either an executor or an administrator of the estate of a deceased individual. Generally, a personal representative of a deceased estate is responsible for the administration of the estate, which includes all duties from locating assets, paying debts and funeral costs, to distributing estate property to beneficiaries.

T

TESTATOR

A testator is an individual who makes a will.

W

WILL

A will is a legal document that details how your property will be distributed after your death.

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Glossary of Terms - 73 KB  Download Adobe Acrobat Reader
January 30, 2012

A list of terms and definitions.