Estate Planning Glossary (UK): Key Terms You Need to Know

Welcome to a UK-centric estate planning glossary of terms used in wills, probate, Inheritance Tax (IHT), executorship, guardianship, and trusts. Clear definitions help you understand how the law affects your decisions and your loved ones. This glossary is designed to be practical, with context for why each term matters in real life planning.

Use the A-Z index to jump straight to the relevant letter, then click any glossary heading to use its direct link.

A-Z index

Jump straight to a letter.

A

Administration (Estate Administration)

The process of collecting a deceased person’s assets, paying debts, and distributing the estate. In the UK, the legal authority to manage this comes through a Grant of Probate or Letters of Administration, depending on whether there was a valid will.

Assets

All property, money and possessions owned by the deceased that form part of the estate and may be distributed to beneficiaries after debts and taxes are settled.

B

Bare Trust

A simple trust where the beneficiary has the immediate right to both income and capital; the trustee holds the asset on the beneficiary’s behalf with minimal discretion.

Beneficiary

A person entitled to receive assets or benefits from a will, trust, or the estate. Beneficiaries can be named in a will or may inherit under intestacy rules if there is no valid will.

C

Chargeable Lifetime Transfer (CLT)

A lifetime transfer of value that may be treated as part of the donor’s estate for IHT purposes. If the transfer exceeds available thresholds such as the NRB, tax may apply at the time of transfer. Compare this with a PET.

Charitable Legacy

A gift to a charity included in a will. Charitable legacies can reduce the IHT burden on an estate and support charitable causes you care about.

Codicil

A formal amendment or supplement to an existing will. A codicil can change terms, add beneficiaries, or revoke parts of a will without creating a new will.

Discretionary Trust

A trust where trustees have discretion over when and how to distribute income or capital to beneficiaries. This can be useful for managing future interests or safeguarding assets for multiple generations.

D

Deed of Variation

A post-death agreement among beneficiaries to alter the distribution of an estate. In the UK, a deed of variation can be used to achieve a more tax-efficient outcome or reflect changes in family circumstances, usually within two years of death.

E

Enduring Power of Attorney (EPA)

A legacy term from older practice; the EPA has largely been replaced by the Lasting Power of Attorney (LPA). Existing EPAs may still be valid, but new EPAs can no longer be created.

Executor

The person named in a will to administer the estate after the testator’s death. Executors carry out the terms of the will, apply for probate, pay debts, and distribute the remainder to beneficiaries.

F

Fiduciary Duty

A legal obligation to act in the best interests of beneficiaries or another party, with careful stewardship of assets held in a trust or under a will.

G

Gift with Reservation of Benefit (GROB)

A mechanism for gifting assets while retaining a benefit, such as living in a home after transferring ownership. If a GROB applies, the asset may still be treated as part of the donor’s estate for IHT purposes.

Grant of Probate

The official court document that authorises an executor to deal with the deceased’s assets under a will. It is issued through the Probate Registry as part of probate.

Guardian

A person named in a will to care for minor children if the testator dies while children are under 18. Guardians have legal responsibility for the children’s welfare and upbringing.

H

Holographic Will

A handwritten will. In the UK, holographic wills are not generally recognised as valid unless witnessed and properly executed in line with legal requirements; always seek professional advice for validity.

I

Intestacy

The situation that occurs when someone dies without a valid will. Intestacy rules determine how assets are distributed, which may not align with the deceased’s wishes. The estate is usually managed by an administrator under Letters of Administration.

J

Joint Tenancy

Co-ownership of an asset by two or more people with right of survivorship. Joint tenancy can affect how assets pass on death and may interact with wills and IHT planning.

L

Lasting Power of Attorney (LPA)

A legal document allowing you to appoint someone you trust to make decisions on your behalf if you lose mental capacity. There are two types: health and welfare, and property and financial affairs. An LPA must be registered before it can be used. See also EPA and our Lasting Powers of Attorney page.

Letters of Administration

The court authority used when there is no valid will or no acting executor. It authorises an administrator to deal with the estate under intestacy rules.

M

Marital Transfer / Spouse or Civil Partner Transfer

The ability to transfer unused tax thresholds between spouses or civil partners, enabling a more favourable overall IHT position when the second partner dies. This often works alongside the TNRB and, where relevant, the RNRB.

N

Nil-Rate Band (NRB)

The threshold below which IHT is not charged on an estate. The unused portion can often be transferred to a spouse or civil partner through the TNRB. Compare this with the RNRB.

P

Potentially Exempt Transfer (PET)

A gift made during life that may become exempt from IHT if the donor survives for seven years after making the gift. Compare this with a CLT.

Probate Registry

The government body that handles probate applications, grants, and related checks in the UK.

R

Residence Nil-Rate Band (RNRB)

An additional IHT threshold that can apply when the main residence is left to direct descendants. It works alongside the NRB and can interact with spouse or civil partner transfers.

Residuary Beneficiary

A beneficiary who receives the residuary estate, meaning the remaining assets after all other gifts and expenses have been dealt with.

Residue / Residuary Estate

The portion of the estate that remains after debts, expenses, and specific or general legacies have been paid. It passes under the will to the residuary beneficiary.

S

Settlement

A formal agreement or arrangement related to distributing assets, often used in the context of trusts or disputes within an estate plan.

Settlor

The person who creates a trust and transfers assets into it. The settlor sets the rules that govern the trust.

Specific Legacy

A particular item or sum of money left to a named beneficiary in a will, for example a ring, watch, or identified account.

T

Testamentary Trust

A trust created by a will that comes into effect on death. It can provide ongoing control over how assets are used or distributed after death.

Testator

The person who makes a will. The term identifies the individual whose wishes are documented in the will.

Transferable Nil-Rate Band (TNRB)

The unused portion of a deceased person’s NRB can be transferred to the surviving spouse or civil partner, allowing the survivor’s estate to benefit from a higher IHT threshold. See also the spouse or civil partner transfer.

Trustee

The person or institution responsible for managing trust assets and ensuring the terms of the trust are carried out.

V

Void Will

A will that is invalid and therefore cannot be used to distribute the estate. Causes can include lack of proper execution, revocation, or mental capacity issues at signing.

W

Will

A legal document that sets out how a person’s assets should be distributed after death and who should manage the estate. A will can name executors, guardians, beneficiaries, and may include provisions for a trust.

Frequently asked questions

Probate is the legal process that confirms the validity of a will and authorises the personal representatives to deal with the deceased’s assets. It helps ensure debts, taxes, and expenses are settled before assets are distributed to beneficiaries.

An executor is named in a will to administer the estate after death. An administrator handles the estate when there is no valid will or no named executor; both act as personal representatives, but under different legal authority.

A Lasting Power of Attorney (LPA) lets you appoint someone you trust to make decisions on your behalf if you lose capacity. It should be set up while you have capacity and registered before use.

Inheritance Tax (IHT) is charged on the value of an estate above certain thresholds. The NRB is the main tax-free threshold on death, while the RNRB can add further relief when a main residence passes to direct descendants.

If there is no will, the estate is distributed according to intestacy rules. This may not reflect the deceased’s wishes, especially for unmarried partners and stepchildren.

A testamentary trust is created by a will and comes into effect after death. It allows greater control over how assets are used for beneficiaries, including vulnerable relatives or future generations.

A deed of variation is an agreement among beneficiaries after death to alter the distribution of assets or improve tax efficiency, usually within two years of death.

A PET is a lifetime gift that may fall outside the estate for IHT if the donor survives for seven years after making it.