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Click on a term to see the description.
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Absolute interest |
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| An interest that the beneficiary is completely
entitled to immediately, without any restrictions. |
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Abatement |
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| A reduction of the amount of
legacies or debts or claims where an estate is insufficient
to pay all in full. This is normally made pro rata.
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Accumulation |
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Acquisition /
probate value |
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The value at which either the personal representatives
or the beneficiary acquires the assets.
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Adeem
/ ademption |
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| Either the complete or partial extinction
of a specific bequest as a result of the deceased having gifted,
sold or otherwise disposed of it during his lifetime, other
than by revocation. |
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Administration
period |
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| The period between the date of death and
the date of the close of administration. |
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Administrator |
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| The legal representatives of a deceased
person who has died without a will. They are usually the closest
relatives of the deceased. |
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Advancement,
power of |
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| The power given to pay capital monies held
in trust to or for the benefit of a beneficiary of the trust. |
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Affidavit
/ oath |
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| Written statement by a person called 'the
Deponent', who signs it and swears or affirms to the truth
of its contents. |
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Agreed
value |
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| The probate value as formally agreed by
the Capital Taxes Office where inheritance tax is payable. |
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Appointment,
power of |
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| A power given by will or deed to appoint
a person or class of persons to inherit an interest. |
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Apportionment |
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| The division of income in proportionate
shares between certain beneficiaries, calculated on a daily
basis. |
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Appropriation |
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| The transfer of an asset, instead of its
sale proceeds, on account of a legacy or share of residue. |
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Attorney |
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Bequest |
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Call |
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| Demand upon the holder of partially paid
shares to pay the balance. |
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Capital
Taxes Office |
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| The division of the Inland Revenue which
deals with all aspects of inheritance tax, capital transfer
tax and estate duty. |
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Chose
in action |
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| Right of action to recover a sum due, or
an entitlement to an interest in an estate. |
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Chain
of representation |
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| The legal system by which the executor of
a sole or last surviving executor becomes the executor of
that testator. |
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Clearance
certificate / certificate of discharge |
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| A certificate issued by the Capital Taxes
Office releasing a person liable to inheritance tax from paying
further inheritance tax. |
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Estate |
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| All the assets and liabilities of a deceased
person – such as property, shares, cash, savings and
investments as well as outstanding debts. |
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Estate
accounts |
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| Accounts recording the financial transactions
during the administration period. |
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Estate
in fee simple |
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Excepted
estate |
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| An estate where no Inland Revenue account
is necessary if certain criteria are fulfilled. |
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Executor |
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Exit
charge |
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| A charge to inheritance tax which arises
on distributions made out of a discretionary trust. |
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Gift |
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Grant
of representation |
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| This is obtained from the Probate Registry
following a death. The Grant will be made to the executors
where there is a will and to the closest relatives where there
is no will. This document is called a Grant of Probate where
there is a will and a Grant of Letters of Administration where
there is no will. A deceased person's estate can be dealt
with once the Grant of Representation has been obtained. |
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IHT |
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Instrument
of variation |
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| A document whereby the will or intestacy
provisions of a deceased person can be varied. |
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Intestacy |
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| The situation where a person dies without
making a will fully disposing of all his assets. The administration
of ‘intestate’ estate is governed by the Administration
of Estates Act 1925. |
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Legacy
/ bequest / devise |
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Legal
estate |
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| The estate capable of being transferred
or conveyed at common law. |
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Letters
of administration |
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| This is obtained from the Probate Registry
following a death. The Grant will be made to the executors
where there is a will and to the closest relatives where there
is no will. This document is called a Grant of Letters of
Administration where there is no will. |
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Nil
rate band |
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| The amount of the value of assets which
a deceased person can leave to friends or family without having
to pay any Inheritance Tax. |
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Personal
chattels |
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| Essentially personal effects. Does not include
any chattels used at death for business purposes and any money
or securities for money. |
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Personal
representative |
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Power
of attorney |
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| Formal deed by which one person appoints
another to act on his behalf or represent him. |
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Power
reserved |
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| The power reserved by a named executor who
declines to act as such to do so at a later date. |
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Probate |
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| This is obtained from the Probate Registry
following a death. The Grant will be made to the executors
where there is a will (Grant of Probate) and to the closest
relatives where there is no will. |
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Renouncing
probate |
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| The act whereby a named executor signs a
legal document which cancels his/her appointment from the
start. |
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Residuary
beneficiary |
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| The person entitled to the whole of the
deceased's estate after the payment of all debts, funeral
and testamentary expenses and legacies. |
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Residuary
estate / residue |
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| What remains of the estate after payment
of all debts, legacies and all taxes and expenses. |
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Specific
legacy |
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Testate |
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Testator |
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Trustee |
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Vested
interest |
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