Glossary

Explanation of Key Legal Terms To Help Appeal Wills

Here are the common legal terms that you may encounter in connection with Wills and estates in NSW:

Bequest – a gift through a Will

Eligible Person – a person who is entitled to make a family provision claim

Executor – a person appointed by a Will to administer the deceased’s estate

Family Provision Claim – a claim made by a person for a share, or a larger share, from the estate of a deceased person

Family Provision Order – an order made by the Court giving a person a share, or a larger share, of the estate of a deceased person

Grant of Probate – an order made by the Court that authorises an executor, or executors, to manage the estate of a deceased person in accordance with the provisions of the deceased’s Will

Intestate – a person who passes away without a valid Will

Letters of Administration – on order made by the Court that authorises a person to manage the estate of an intestate person in accordance with the provisions of the Succession Act

Real Property – property consisting of land, buildings and anything affixed to the land

Survivorship – when jointly owned property includes a right of survivorship (for example, real property held as joint tenants) then the interest of the deceased person passes directly to any surviving joint tenant regardless of what is stated in the deceased person’s Will

If you need more information on the terms listed above, feel free to get in touch.