It's all Latin to me
a certain rate or percentage
pro rata
Legally enforceable written declaration of a person's intended distribution of property after death.
Last Will & Testament.
Real property gift.
Devise
The sanity requirement for a person to make a valid will.
Testamentary capacity
A grandparent is an example of what type of ascendant.
Lineal Descendant
A trust created during a settlor's lifetime.
inter vivos
Identifies the individuals who are witnesses to a will and that they have witnessed the testator's signature.
Attestation Clause
Ownership of an undivided interest in real property without the right of survivorship.
Tenants in common
A personal representative, guardian, conservator or trustee.
Fiduciary
A direct lineal descendant.
Issue
A clause that will result in a beneficiary forfeiting any benefits if they object to probate or challenge the will's distribution.
in terrorem clause
A written amendment to the will that changes but does not invalidate it.
Codicil
Failure to distribute a gift in a will occurs when the beneficiary dies before the testator.
Lapse.
A person entitled to the future fee simple estate after a life estate has expired.
Remainderman
Rights that pass automatically without the act, knowledge, or cooperation of the person.
Operation of law
An estate lasting for the life of a person other than the life tenant.
pur autre vie
Part of an estate located in another state.
Ancillary Estate
Owner is entitled to the entire property with full power during their lifetime.
Fee simple estate or fee simple absolute
The person appointed by the probate court to administer the decedent's estate when there is no will.
Administrator or Administratrix
Heirs who do not ascend or descend from each other but descend from the same ancestor (e.g. sisters, aunts, nephews).
collateral relatives
per capita
"per head" - distributing the estate equally amongst all living beneficiaries.
A written document whereby a principal appoints an agent to perform acts on their behalf, which continues in the event the principal becomes incapacitated.
Durable Power of Attorney
An estate in real property held under a lease.
Leasehold Estate
A person designated to perform the function of the court in informal proceedings.
Registrat in Probate
A child born after the death of their father.
Posthumous child.