Glossary

Administrator:

The individuals legally appointed to handle the matters concerning the deceased’s Estate where there is no Will.

Administration De Bonis Non:

A special type of Grant of Representation which is extracted when there are other assets to administer, but the Executor(s)/Administrator has died and not left a Will.

Beneficiary/Beneficiaries:

The people or organisation who are the final recipients of the distributed estate as declared in the Will.

Certificate of Confirmation:

This is a Scottish Grant of Representation issued by the Sheriff’s Court.

Chain of Representation:

If the Executor for an Estate dies, but leaves a Will for their own Estate and Probate is extracted, then their Executor is able to sign paperwork relating to the original Estate. If the Executor for an Estate dies, but does NOT leave a Will then the Chain of Representation is broken and an Administration (Will) or an Administration De Bonis Non will need to be extracted for the original investor (rather than the Executor).

Death Certificate:

This is the official document issued by the local registry office and serves as legal proof of death.

EiK to Confirmation:

If an asset is not listed in the Inventory of assets in the original Scottish Confirmation document, it will be necessary to legally extract additional documentation to include details of this asset.

Estate:

A person’s property, entitlements and obligations.

Executor(s) Nominate:

The individual(s) legally appointed to handle the matters concerning the deceased’s Estate under Scottish Confirmation where the deceased has left a Will.

Executor(s) Dative:

Individuals in the absence of a Will who handle the matters concerning the deceased’s Estate under Scottish Confirmation.

Grant of Probate:

This is legal proof of the personal representatives(s) that can manage the Estate and where the deceased left a Will and a Grant of Probate has been extracted.

Intestate:

When an individual dies and does not leave an authenticated Will appointing an Executor and providing to distribute their Estate.

Legal representative:

A person or persons who have been legally empowered to act on the behalf of another. Commonly a Next of Kin or Executor.

Letter of Administration:

If a person died without leaving a Will (intestate), someone (usually a relative) could apply to the probate court for a Grant of Letters of Administration, which would allow them to deal with the estate.

Named Executors:

This refers to everyone who is listed within the Executors section of the deceased’s will.

Next of Kin:

Next of Kin commonly refers to a person’s spouse or closest living blood relative

Testator/Testatrix:

Man/woman who has made a will.

Will:

A document which provides instructions on how a deceased’s estate should be distributed.