Contesting a Will - Guide to Legal Terms

Contentious probate is a complex area and we provide a guide to the legal terms used below.

• Administrator - A person appointed to collect and distribute a deceased person's Estate when the deceased has died without a Will or their Will did not appoint an executor or the executor refuses to act.
• Affidavit - A sworn written statement of evidence, which is witnessed by a person who is authorised to administer oaths (usually a solicitor).
• Applicant - A person who applies to the court for something, e.g. court relief.
• Attestation Clause - The words at the end of a Will or deed which record that the document was signed in the presence of witnesses, which is a legal requirement for a Will to be valid.
• Beneficiary - A person (or company) who is entitled to the assets passing under a Will, insurance policy or trust. A beneficiary may also be a charity.
• Burden of Proof - The duty of a party, usually the Claimant, to prove the facts of the case.
• Claimant - The party making a claim in court proceedings i.e. the party that starts the case.
• Claim Form - A formal written statement which sets out the details of who the Claimant and Defendant are and the remedy that the Claimant is seeking. Sometimes this will also contain the particulars of claim (see below).
• Contest - To challenge the validity of a Will or trust.
• Counterclaim - An opposing claim brought by the Defendant against the Claimant in a case.
• Codicil - A document that makes changes to a Will.
• Civil Procedure Rules (CPR) - These are the rules of procedure which must be followed from the beginning of the case to the end of the case.
• Defence - A document that the Defendant is obliged to send to the Claimant once the Claimant has sent the claim form and particulars of claim to the Defendant.
• Defendant - A person against whom court proceedings are brought by the Claimant.
• Devise - A gift of real property (e.g. land) under a Will.
• Disclosure - A request by one party to make relevant documents available for inspection to the other party.
• Estate - All the property belonging to a person.
• Execution of a Will - Usually the person making the Will signs the Will in the presence of two witnesses, who then sign the document in the presence of the person making the Will. If a Will is not executed correctly it will not be valid.
• Executor (Executrix, if female) - The person(s) appointed in a Will to distribute the deceased's Estate.
• Grant of Probate - A document issued by the Probate Registry to the executors giving them legal authority to deal with the deceased's Estate.
• Grant of Representation - Authority granted by the court to named individuals to administer the Estate of a deceased person.
• Hearing - A legal proceeding at court before a judge where evidence is presented to help determine the issue.
• Intestacy Rules - Rules under which the Estate of the deceased is distributed if they died without a Will or leaving an invalid Will.
• Intestate - Where someone dies without having made a Will or their Will is invalid. There are laws which govern the way an intestate Estate is administered and who is entitled to inherit.
• Issue - The children, grandchildren and other descendents of a person.
• Legacy - A gift of property under a Will (which is not land).
• Legatee - A person entitled to a legacy under a Will.
• Letters of Administration - Authority granted by the court to a specified person to act as an administrator of a deceased person's Estate when the deceased has died without a Will (or the Will is invalid).
• Life Interest - The right to receive income from property for the lifetime of the person with the life interest or to live in the property if relevant. A life interest is usually created in a Will or trust.
• Life Tenant - The person who has the benefit of a Life Interest.
• Mediation - An alternative way to resolve disputes by way of negotiation.
• Particulars of Claim - This document sets out the details of a claim.
• Personal Representative - A person entitled to deal with a deceased person's Estate in accordance with their Will or under the Intestacy Rules.
• Probate - The process following a person's death that includes collecting in all of their assets and money, paying any debts, and distributing what is left to the people entitled to it according to a valid Will or the Intestacy Rules.
• Probate Action - Proceedings in court to decide whether or not a contested Will is valid, or to revoke a grant of probate.
• Residuary Beneficiary - A person entitled to receive the remainder of an Estate under a Will or trust after payment of any specific gifts.
• Respondent - The party that has to respond to the Applicant's application to the court.
• Testamentary Capacity - A person's mental capacity required to make a valid Will.
• Testator (Testatrix, if female) - The person who made the Will.
• Trial - The hearing of a case before a court.
• Trust - A legal relationship when one person (a trustee) holds/looks after property for the benefit of another (the beneficiary).
• Trustee - A person appointed to look after property for another who benefits from the property.
• Witness Statement - A signed written statement giving evidence to the court.

Michelmores has a specialist Disputed Wills & Trusts Team who are experienced in bringing and defending claims. Read more information about our disputed wills and trusts services.