Glossary

glossary

Administrator Person appointed by the court to administer the deceased’s estate where the deceased has died without a Will, or where the deceased has left a Will but there is no executor.

Affidavit Written statement confirmed by oath, to be used as evidence in court.

Attestation Clause Statement in a Will that it has been duly executed in the presence of witness.

Beneficiary Person who benefits from the deceased’s Will.

Bequest Gift of movable property made by Will.

Chattels Tangible assets other than immovable property.

Collateral People with the same ancestors but by a different line of descent.

Devise Gift of land or other realty by Will.

Executor Person named in the Will to obtain the Grant of Probate and administer the deceased’s estate.

Guardian Person having the right and duty to protect the person, property or right of a minor.

Immovable Property Tangible assets which cannot be physical moved – for example, land and buildings.

Intestacy Situation in which a person dies without making a Will.

Intestate Person who dies without making a Will.

Issue A person’s issue refers to his children, grandchildren and all other lineal descendants.

Letters of Administration Authority given under the seal of the court for the administration of the estate of a person who has died without leaving a Will.

Letter of Administration with Will annexed Court grant appointing an administrator to administer the estate of a testator who, though having made a Will, has not appointed an executor, or the appointed executor is unable or unwilling to act or is dead.

Grant of Probate Court grant confirming the appointment of the executor named in the Will and the fact that the Will has been proven and registered in the Court.

Personal Representative The terms refers to executors and administrators collectively.

Probate Official proving of a Will in a probate court as being authentic or valid.

Revocation of Will Cancellation of a Will.

Residuary Estate Part of the deceased’s estate which remains after the payment of debts, liabilities and expenses, and after the bequests or devises specified in the Will have been paid off.

Testacy Situation in which a person dies leaving a Will.

Testator Person who has his/her Will written.

Trustee Person who holds property in trust for another.

Trust Corporation Company registered under the Trust Companies Act, 1949, Malaysia which is authorised to act as executor and trustee.

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