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Where am I now? Lawlink > Law Reform Commission > Publications > Glossary

Discussion Paper 42 (1999) - Uniform Succession Laws: Administration of Estates of Deceased Persons

Glossary

How to obtain a copy of this Discussion Paper.

History of this Reference (Digest)


administration: in general terms, the process of collecting the assets, paying the debts and distributing the balance of a deceased estate according to the will of a deceased person or the intestacy rules

administrator: a person appointed by the court by a grant of letters of administration to administer a deceased estate

beneficiary: the person/s entitled to a share of a deceased estate according to a will or the intestacy rules

devolution of property: the passing or “handing down” of property on death

domicile: the place where a person is ordinarily or permanently resident, requiring both physical presence and an actual intention to reside

donatio mortis causa (or donationes as plural): a gift in contemplation of death; a gift becoming absolute on the death of the donor

estate: the property of a person, comprising both real estate (land) and personal estate (goods, money)

executor: a person appointed by a will to administer a deceased estate

executor de son tort: “executor of his own wrong”; a person not appointed as executor by the will or as administrator by the court but who so acts

family provision: provision made by way of court order for the proper maintenance of and support for a deceased person’s family or dependants from the deceased’s estate

grant: an appointment or authorisation by the court officially recognising the right of an executor or an administrator to administer a deceased estate and vesting title to assets in the executor or the administrator

guardian: in relation to a minor person, a person with the legal right to protect the interests and property of the minor

intestate: either a person dying without a will or a valid will, or the state of being without a valid will in whole or in part

letters of administration of the estate: a grant by the court authorising an administrator to administer a deceased estate

personal representative/s: a general term referring to the person/s who performs acts associated with the administration of a deceased estate – either an executor or administrator

power of appointment: a power or authorisation given by deed or will and vested in a person/donee to dispose of property; this power can be general, special or hybrid

probate: the certification from the court that a will is valid or “proved”; see grant

testator: the person making a will

trustee: a person who holds property on trust for another

will: a formal document/s by a testator disposing of his or her property on death and normally appointing an executor to administer the estate

 


Footnotes

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