Glossary

Beneficiary: A person receiving a gift or portion of the estate under a Will
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​Bequest: A gift of money or property to an individual or charity organisation
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Child: A biological or adopted child, but not a stepchild, surrogate child or foster child
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Codicil: An addition or supplement that explains, modifies, or revokes a Will or part of one
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​De Facto/Domestic Relationship: A relationship where two people are not married, but are living with one another as partners. These relationships are defined and recognised under the law of each state/territory, and include same-sex couples
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Duress/Undue Influence:Occurs when someone is pressured by another to write their Will in a particular way to the point where they are not acting ‘freely’
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Estate/Residual Estate: The total of all assets that are left over after all debts, funeral and testamentary expenses and gifts are provided for
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​Executor: The person nominated under your Will to administer your estate when you die
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Gift: A specific asset or sum of money that you choose to leave to a person or organisation
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Grant of probate: A certificate issued by the Court to the executor, allowing them to administer the estate
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Guardian: The person you appoint to be legally responsible and care for your children or pets. Note that pet guardianship is non-binding
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Intestacy: The situation where one has died without a valid Will
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​Letters of Administration: A document provided by the court to confirm the appointment of an administrator. This is required in cases where a deceased estate has been left without a valid Will, where the Will has not appointed an executor, or where all the appointed executors are unable or unwilling to act in that capacity
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Minor: A child under the age of 18
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Physical capacity: To have physical capability to write a Will, you must:

• Not be legally blind
• Be able to read and write
• Understand and speak English
• Be able to physically sign the document

Probate: A document provided by the court that confirms the Will is valid, authorising the person named in the Will as executor to administer the estate
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Testamentary capacity: The mental capability to make a Will. In order to have testamentary capacity, you must: 

• Understand the nature and effect of a Will
• Understand the nature and extent of your property
• Appreciate the claims that could be made upon your estate when you die
• Not be suffering from a mental disorder that may affect how you dispose of your assets

Testator: The person who is making the Will
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Trustee: A person or organisation who holds property for another on trust
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Will: The legal document that states a person's wishes for their estate and other arrangements after their death