Attest, Attestation

To attest a will is to witness its execution by seeing the testator’s act of signing or acknowledging.

Beneficiary

A person who receives a gift under a will.

Bequest

A gift of personal property by will.

Devise

A gift of land by wilt

Family provision

A term derived from the Family Provision Act, 1982 to describe the power of the court to vary a will to ensure proper provision for the adequate maintenance of a testator’ s dependants where a testator has not made adequate provision under his or her wilt

Holograph will

A will written entirely in the testator’s own handwriting

Intestate/Intestacy

A person who dies without leaving a valid will, dies intestate. Subject to any order made under the Family Provision Act, 1982, the estate is distributed to the classes of persons stipulated in the Wills, Probate and Administration Act, 1898.

Nuncupative Will

A declaration by the testator without any writing before a sufficient number of witnesses.

Personalty

A term used to denote personal property for example goods and shares, particularly in regard to the estate of a deceased person Depending on its context the term may include certain interests in land, such as leaseholds

Power of Appointment

A right given to a person to select the person or class of persons entitled to a gift made by another.

Privileged Will

A shorthand expression for an informal but valid will made by a privileged testator (see chapter 11).

Probate

The certification by the Court of the validity of a will.

Realty/Real Property

Land and interests in land, excluding leaseholds.

Subscribe

To subscribe a will is to sign it as a witness.

Succession

A term used to describe the body of law relating to the passing of property on the death of a person.

Testator/Testatrix

The person who makes a will. In this Report the masculine term testator has been used, unless in a specific case the female term is appropriate.