Common Probate Terms
Attorney/Deputy - Individuals appointed to act in your best interests and manage your affairs. May also be known as a Personal Representative.
Beneficiaries - The people who receive some or all of your estate
Donor - A Donor is someone who makes an LPA appointing an Attorney(s) to make decisions about his/her personal welfare, property and affairs or both.
Enduring Power of Attorney (EPA) - Have been replaced by the Legal Power of Attorney (LPA) since 30 September 2007
Estate - means all your assets and debts after you die, including personal items, money and property.
Executor - Trusted individuals who must be prepared to do some practical work with regard to the settling of the deceased individual's estate.
Grant of Probate/Letters of Administration - is a document provided by the Probate Registry under the High Court confirming the Executor/Personal Representative is able to deal with the probate and has the authority to retrieve all assets held to distribute them accordingly.
Guardians - Individuals appointed to raise your children should you die before they become of age.
Insolvent - If you die with more debts than assets
Intestate - If you die without having made a Will
Lasting Power of Attorney (LPA) - An LPA allows you to appoint individuals you trust called Attorneys to act in your best interests and manage your affairs for you. It is a good idea to appoint more than one Attorney to avoid abuse of responsibility or if one of the Attorneys is no longer able or willing to act for you.
Mental Capacity - means that the Donor is still of sound mind and, in this regard, fully understands the meaning and effect of the Lasting Power of Attorney (LPA). There is a Certificate incorporated in the LPA which must be signed either by someone the Donor knows well or a professional, such as a solicitor or Doctor, who can sign to confirm that the Donor does have capacity to make the LPA. If there is any doubt as to someone’s capacity to do a Lasting Power of Attorney then they should consult a Doctor or Solicitor.
Probate - is the legal process of dealing with someone’s estate when they die, including resolving claims, paying debts (including the funeral bill) and distributing the remaining assets. Generally, the Executor has to apply to the Probate Registry for a ‘Grant of Probate’ before certain assets can be released. If no Will is in place then the Personal Representative must apply to the Court for ‘Letters of Administration’ instead of a Grant of Probate.
