UNDERSTANDING THE LEGAL TERMINOLOGY
Solicitors, Lawyers, and Barristers know too well when their client doesn’t understand legal language, but we aim to combat this by making our services easy to understand for everyone.
You will find below an explanation of the various legal terms used:
- Assent- this is the deed often used to transfer property by the Personal Representatives of a deceased landowner, to legally transfer property to the person entitled to it. An Assent is usually supported by the grant of probate or letters of administration.
- Administrator/Administratrix– this is the term used for the Personal Representative of a person who has died without leaving a valid will.
- Beneficiaries– this is the term used for the persons named by the Deceased in their Will to inherit property or goods.
- Caveat – A caveat is a notice to prevent anyone from being able to obtain a grant of probate in the deceased’s estate, which means that the estate cannot be administered while the caveat is in place. … If there is no case to answer the caveat should be removed to allow the estate to be administered.
- Charge Certificate – this is the document produced by the Land Registry to show evidence of legal ownership of a mortgaged property.
- Executor/Executrix– this is the term used to describe the Personal Representative of a person who has died and has left a valid will.
- Land Certificate – this is the document produced by the Land Registry to show evidence of legal ownership of an unmortgaged property.
- Land Registry – this is the government office that deals with the registration of all property in England and Wales.
- Letters of administration– this is the document that is used when the deceased has not left a valid Will. This document appoints an Administrator to deal with the Deceased’s estate.
- Letters de bonis non administrandis – If the original Administrator has died without leaving a valid Will, then this document is needed to appoint a new administrator to deal with the Deceased’s estate.
- Official Copy of the Register – this is a document produced by the Land Registry, to provide an up to date view of the current property register. This will include details of ownership, restrictions on the property and any legal charges or mortgages.
- Personal Representative– this is the term used to describe either the Executor of a valid Will or the Administrator where there is no valid Will.
- Grant of Probate – this is the document issued by the Probate registry which legally appoints an Executor to distribute the Estate.
- Title Deeds – This is a bundle of documents consisting of either Conveyance’s, Mortgages, Legal Charges, Assents, a Land or Charge Certificate which prove the ownership of the property.
- Transfer – the legal deed used to transfer ownership of property.
- Trustee – a person who is appointed to hold property in trust on behalf of another person.
- Will – this is the Legal document expressing the wishes of the deceased in relation to their property or assets.