A “grant” from the court authorising a relative or creditor of the deceased who has died without a will, to administer their estate. A person with a  close relationship to the deceased has a superior right to such “grant” than those with a more distant relationship.

The right to use an asset, e.g. a home, or to receive income from the asset during a beneficiary’s lifetime after which, it reverts to the estate for distribution to the residuary beneficiaries or is passed as a further life interest to another person, for example to a descendant.

The proceeds of life insurance are – in the absence of a specific beneficiary under the policy – paid to the estate for distribution to the residuary beneficiaries.

Wills can be expressed to relate to property only within one place (eg. Australia), which relieves the executor from taking steps in relation to assets located elsewhere and the will drafter from exploring the laws of succession that apply in other countries.

Refers to the financial support for education etc of infant beneficiaries. Wills usually confer a general power on executors to make payments from bequests due for payment upon the child turning 18 or older, to make payments for the infants “maintenance” during their childhood in  the executor’s discretion.

A minor or person under 18 years may not make a legal will except if in “contemplation of marriage”.

A will is automatically revoked by a legal marriage, unless the will was made expressly “in contemplation” of that marriage.

Wills made under an agreement, eg between a couple, to provide corresponding benefits in each of their wills are referred to as “mutual wills”. Disputes sometimes occur in blended families if one of the pair changes their will after the death of their partner.

In relation to superannuation, a procedure to appoint a person as the recipient of benefits due to be paid on the death of a member.

The expenses of preserving an asset after the deceased’s death but before it is transferred to a beneficiary are sometimes the source of dispute if the will makes no provision as to whether they should be borne by the estate or the particular beneficiary and for what period.

A beneficiary may attempt to bar an executor from seeking a grant of probate by seeking an order that the person be “passed over”. The order must be obtained before the grant of probate is made. A court will only be persuaded that a named executor be passed over, if genuine cogent reasons for the executor’s disqualification are placed before the court.

A quaint legal term that describes how property should be devolve if a beneficiary (who has children) dies before the testator. It provides for the deceased beneficiary’s share to be paid to his or her children.

The “rule against perpetuities” prevents a will providing for a state of affairs continuing indefinitely. Thus all assets must eventually be distributed. The perpetuity period can be a “lifetime” plus a number of years – or a specified duration – that usually doesn’t exceed eighty years in total.

The official recognition by the Supreme Court of a will and the executor’s authority to deal with the assets of a deceased person’s estate. Except in the case of estates involving only small bank balances, Probate must be obtained before an executor can require others, eg a bank, to deliver up control and possession of the deceased’s assets.

In accounts provided to beneficiaries, an amount specified in relation to an estimated liability such as income tax or accountant’s fees is called a provisioned sum.

The act of a person declining or “renouncing” their appointment as executor under a will.

The court ordered removal of an executor or a testamentary trustee from their position due for example to their ill-health, misconduct or delay.

A beneficiary who is entitled to a share in the residue of the estate after all specific legacies have been paid and bequests have been actioned.

The formal cancellation of an earlier will. The making of a new will usually has that effect automatically. The term also applies to the cancellation by the court of a grant of probate in respect of a will.

A facility for the safe keeping of important documents and valuables by a bank or solicitor.

As opposed to a grant in “common form” of probate or letters of administration. A person challenging the legitimacy of a will – for example due to the alleged lack of legal capacity of a testator – in respect of which a “common form” grant has already been made – may require the executor or administrator to bring the grant before the court. The court then determines – on evidence – whether the will represents the deceased’s last testamentary intentions. The pronouncement of a will in solemn form means its provisions cannot be subject to later contest except for fraud or the discovery of a later will.

includes husband, wife, de facto partner and a former husband or wife, if they are receiving, or entitled to receive, maintenance from the deceased and have not remarried. The term also includes same sex life partners.

The court of each Australian State that exercises jurisdiction over wills, trusts, estates and children.

If a beneficiary does not survive the testator for at least 30 days the disposition is treated as if that person had died before the testator.

Where two or more persons die in the same calamity and it is unknown which of them died first, the deaths are “presumed to have occurred in order of seniority” with the younger surviving the elder “for a period of 1 day”.

The law relating to jointly owned property that allows it to pass automatically to the surviving joint owner rather than becoming part of the deceased’s estate.

Most policies contain death benefits. If the subject of a “binding nomination” the benefits are (subject to discretion of the fund’s trustee) paid in accordance with the directions contained in the nomination.

A person who makes a will.

The provision in a will or codicil disposing of an asset of the testator to a beneficiary.

As opposed to an inter vivos trust, as testamentary trust is created by will. Upon the death of the deceased, the trust comes into existence. The will must specify the identity of (or provisions for appointment of) a trustee, the purpose of the trust, powers of the trustee, which property of the deceased becomes a trust asset, who (or what class of persons) are the beneficiaries and what benefits they will receive and when. Such devices can be used to preserve assets across generations who benefit from the income derived.

The person appointed by will to be the trustee of a testamentary trust. In many cases the trustee is also the executor.

If any person seeks to dispute a provision in a will or claim a benefit from estate assets, notice to that effect must therefore be given within the six month period to the executor. A dependant or family member who proposes a Family Provision application must also file the application in court within 9 months of the date of the deceased’s death.

Coercion, manipulation or similar conduct exercised upon a testator to provide benefits to a person under a will. Such conduct – if proven – can invalidate the entire will.

The arrival of an interest from a deceased estate into the hands of a beneficiary such that the beneficiary rather than the executor then has legal control and ownership of the interest. The “vesting date” of a gift is often described in wills in terms of the occurrence of one or more events such as the death of another person.

A person who is present when someone signs a document who confirms that the signature is genuine by adding their own signature.