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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 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
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