Finals Vocab Guide (Wills, Trusts, and Probate

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Case law

Law established by the decisions of judges in court cases.

Testamentary intent

The requirement that a person must intend for a document to serve as their last will.

Testamentary capacity

The mental ability required for an individual to create a valid will.

Natural objects of the testator's bounty

Individuals or organizations that the testator has affection for and may choose to benefit in their will.

Lucid interval

A temporary period during which a person who is usually incompetent can make a valid will.

Attest (a will)

To confirm or verify a will as genuine by witnessing it.

Subscribe (a will)

To sign one's name at the end of a will.

Competent witness

An individual who is legally qualified to witness the signing of a will.

Interested witness

A witness who stands to gain from the will they are attesting.

Publication

The formal declaration made by a testator that a document is their last will at the time of signing.

Interlineation

The act of writing additional information between the lines of a document.

Ambulatory

Describing a document or will that can be changed or revoked.

Standing

The legal right to bring a lawsuit based on a stake in the outcome.

Prima facie

A term indicating that something is presumed true unless proven otherwise.

In terrorem clause

A provision in a will that penalizes beneficiaries who contest the will.

Advancement

Property given to a child by a parent in anticipation of their inheritance.

Condition precedent

An event that must occur before a contract or obligation is enforceable.

Condition subsequent

An event that can terminate an existing agreement or obligation.

Defeasance

The annulment of a vested estate due to a specific event occurring.

Ejectment

A legal action to recover possession of land.

Exordium clause

The introductory section of a will.

Revocation clause

A statement in a will that invalidates all previous wills.

Defeasible

Describing a right or title that can be annulled upon certain conditions.

Memorandum

A non-enforceable document listing personal property and beneficiaries.

Residuary clause

A provision in a will that distributes remaining assets after debts and specific gifts.

Fiduciaries

Individuals entrusted with managing property for the benefit of others.

Simultaneous death clause

A provision that addresses property distribution if the order of death is unclear.

Testimonium clause

A section in a will where the maker affirms their signature and requests witnesses.

Attestation clause

A statement by witnesses confirming they observed the signing of the will.

Affidavit

A written statement made under oath.

Notary public

An official authorized to witness signatures and certify documents.

Self-proving affidavit

A clause at the end of a will that includes an acknowledgment or affidavit of the testator and affidavits of witnesses, signed in the presence of a notary public.

Self-proved will

A will that incorporates a self-proving affidavit signed by the testator and witnesses, eliminating the need for a traditional attestation clause.

Power of attorney

A document that authorizes another individual to act as one's agent or attorney.

Principal

An individual who grants authority to another person to act on their behalf.

Agent

A person designated by another to act in their place, typically under a power of attorney.

Attorney in fact

An agent authorized by a written document to perform specific acts on behalf of the principal.

General power of attorney

A document that allows an agent to perform a wide range of acts on behalf of the principal.

Limited power of attorney

A document that restricts an agent's authority to perform specific acts for the principal.

Right-to-die laws

Legal provisions that recognize a dying person's right to refuse extraordinary medical treatment.

Right to die

The entitlement of a dying individual to decline medical interventions aimed at prolonging life.

Advance medical directives

Legal documents that outline a person's medical care preferences when they can no longer make decisions.

Uniform Health Care Decisions Act (UHCDA)

A uniform law aimed at providing consistency in end-of-life medical decision-making.

Physician Orders for Life-Sustaining Treatment (POLST)

A document detailing a dying individual's care preferences for end-of-life situations.

Digital executor

An estate representative responsible for managing the deceased's digital assets.

Letters Testamentary

The official document granting authority to an executor to administer a decedent's estate.

Letters of Administration

The official document appointing an administrator to manage a decedent's estate under intestacy laws.

Bond

A guarantee from a surety company to pay if a personal representative fails to fulfill their duties.

Surety

An individual or company that agrees to cover financial obligations if a personal representative defaults.

Tickler system

A chronological list of important steps and deadlines in the administration of an estate.

Registrar (aka surrogate)

An individual appointed by a judge to perform court functions in informal proceedings.

Clerk

An administrative assistant responsible for filing documents and maintaining court records.

Probate (of a will)

The legal process of validating a will by presenting it to the court.

Probate proceedings

The process of distributing the estate of a deceased person, which includes all matters under the jurisdiction of probate courts.

Will contest

Litigation aimed at overturning the validity of a deceased person's will.

Domiciliary state

The state where the legal home of the deceased is located.

Domiciliary administration

The management of an estate in the state where the deceased was legally domiciled at the time of death.

Residence

The place where an individual temporarily lives.

Venue

The specific location, such as a city or county, where a court with jurisdiction hears a case.

In rem jurisdiction

The authority of a court over property belonging to a decedent.

Ancillary administration

Additional management of an estate in a state other than where the deceased was domiciled.

Foreign state

Any state that is not the domiciliary state of the deceased.

Ancillary administrator(trix)

The personal representative appointed to manage the estate in a state other than the domiciliary state.

Interested party

Individuals such as heirs, beneficiaries, or creditors who have a legal claim to the decedent's estate.

Letters of Authority

Documents certifying the appointment of a personal representative, either Letters Testamentary or Letters of Administration.

Small estate

An estate with minimal assets and a low monetary value.

Qualified small estates

Estates consisting solely of exempt property and expenses, within a specified monetary limit.

Affiant

The individual who submits and signs an affidavit.

Solemn probate

Formal probate proceedings requiring court supervision throughout the estate administration.

Common probate

Informal probate proceedings with limited court supervision, typically for smaller estates.

Uniform International Wills Act

A provision of the UPC designed to simplify the probate process for wills drafted in foreign countries.

Citation

A legal document that orders a hearing for proving a will or for estate administration, requiring notice to interested parties.

Claimant

A creditor who submits a claim against the estate of the deceased.

Demandant

An individual with a financial interest in an estate who requests notice of any court filings related to the estate.

Demand

To file a claim for payment based on a legal entitlement.

Deposition

A signed statement under oath by a witness, used to validate a will outside of court testimony.

Damages

Monetary compensation awarded by a court for loss or injury caused by another's unlawful act.

Cause of action

The legal right to initiate a lawsuit.

Inventory

A comprehensive list of the deceased's property and assets, detailing each item's description and value.

Appraisal (appraisement)

The valuation of a deceased person's property conducted by a qualified expert.

Insolvent estate

An estate where liabilities exceed the total assets.

Cloud on a title

An existing claim on the title of real property that renders it unmarketable.

Partition in kind

A court-ordered division of property, giving each co-owner a specific portion based on their ownership interest.

Partition by sale

A legal action requiring the sale of property, with proceeds distributed among co-owners according to their ownership shares.

Surcharge

An overcharge beyond what is just and right, often required by court order due to negligence or failure of duty.

Uniform Partition of Heirs Property Act

Legislation aimed at protecting family members and preserving wealth when property is inherited as tenants in common.

Closing Statement

An affidavit signed by the personal representative at the conclusion of informal probate proceedings to officially close the estate.

Successor

A term referring to any person entitled to real or personal property of a decedent, either through a will or intestate succession.

Unified credit

A tax credit against the federal unified transfer tax applicable to gifts and estates, now referred to as applicable credit amount.

Applicable credit amount

A credit against the federal unified transfer tax on gifts and estates.

Applicable exclusion amount

The maximum property value transferable without incurring federal gift or estate tax due to the applicable credit amount.

Portability

The ability of a surviving spouse to carry over the unused estate or gift tax exemption of a deceased spouse.

Generation-skipping transfer

A transfer of assets to individuals two or more generations below the transferor, such as from grandparent to grandchild.

Generation-skipping transfer trust

A trust designed to minimize federal gift and estate taxes on transfers to beneficiaries two or more generations below the transferor.

Generation-skipping transfer tax

A federal tax imposed on property transfers exceeding the lifetime exemption to a skip person.

Transferor

The decedent or donor who establishes a generation-skipping transfer trust.