Jargon buster

To find the word or term you are looking for, select the relevant category letter below.

• Bringing a Claim to Court including Personal Injury Claims
• Buying and selling residential property
• Commercial Property
• Company and Commercial Transactions
• Criminal Proceedings
• Employment Law
• Family Law
• Insolvency
• Intellectual property
• Wills and Probate

Bringing a Claim to Court including Personal Injury Claims

Action

proceedings issued in the High or County Court

Adjournment

the postponement of a case until a later date

Adjudication

the judgment or decision of a Court or tribunal

ADR

this stands for 'alternative dispute resolution'. It is used as a way to resolve disputes without going to Court. Mediation is an example of this

Adversarial

procedures and processes which aim to display the truth, through adversarial (conflict-based) techniques i.e. cross-examination

Advocacy

appearing for an individual at a Court hearing

Advocate

someone (usually a barrister or solicitor) representing a party in a Court hearing

Affidavit

sworn written statement for use in Court proceedings

Affirmation

declaration made by a witness who has no religious beliefs (or who has religious beliefs that prevent them taking the Oath) that confirms the evidence he or she is giving is truthful

Appeal

an application to a higher Court for review of a decision of a lower Court

Arbitration

an alternative method of resolving disputes paid for by the parties, determined by an arbitrator

Balance of probabilities

the standard of proof in civil proceedings

Barrister

barristers are specialists in advocacy, usually under instruction from a solicitor

Brief

a set of papers giving the details of a client's case for use in Court

Chambers/set

the offices where barristers work

Civil

matters concerning private rights rather than offences against the State

Civil Procedure Rules (CPR)

the rules which set out the procedure for bringing, defending and conducting claims in the Civil Courts

Claim

this refers to the demand for damages or other civil remedy  against another party

Claim Form

the form that commences official legal proceedings

Claimant

the person bringing the claim, formerly known as the Plaintiff

Clinical Negligence

an action for damages arising from the alleged negligence of a medical practitioner

Common law /case law

refers to the legal system that has developed in England and Wales through precedents set by Court rulings rather than through Acts of Parliament.

Compensation

a sum of money awarded to make amends for an injury, breakage, hardship and/or inconvenience caused by another

Conditional Fee Agreement

an agreement linking the lawyers fees to the success of the case, often referred to as a No Win No Fee Agreement

Contentious

a dispute that calls for a legal remedy

Contributory Negligence

partial responsibility of a Claimant for the claim in which he or she is claiming damages

Counsel

another name for a barrister

Counterclaim

a claim made by the Defendant in response to the original claim

County Court

the Court for less complex types of claim which are worth less than £15,000 (£50,000 for personal injury claims)

Court of Appeal

Court which is divided into Civil and Criminal Divisions and hears appeals against decisions made in the High or County Courts

Damages

money claimed by a party as compensation for being harmed in some way, or to recover financial loss

Defamation

the publication of an untrue statement about a person that tends to lower his reputation in the opinion of right-thinking members of the community or to make them shun or avoid him

Defendant

someone who is being sued in a civil claim

Disbursements

payments a lawyer will make on their clients behalf to a third party i.e. Court fees, experts fees, accident report fees, travelling expenses and investigation fees

Duty of Care

the legal obligation to take reasonable care to avoid causing damage. There is no liability for a negligent act or omission unless the act or omission that causes damage is a breach of the duty of care owed to the Claimant.

Employers Liability Claim

a claim for personal injury arising from harm sustained whilst carrying out duties in the course of employment

Fast Track

the track that defended claims with a value of between £5,000 to £25,000 are allocated to in the Court system and which is then governed by certain specific procedural rules

General Damages

the compensation payment for the injuries suffered by a Claimant in a personal injury claim.

High Court

the Court for larger or more serious claims with three divisions

Insurance

the cover provided by an insurer to protect the insured from certain risks

Interim Hearing

a Court hearing that does not finally dispose of the claim

Interim payment

money that a Court instructs the Defendant to pay (or they agree to pay) whilst waiting for a settlement or for the Court's final decision

Judgment

a Court's decision on a case it has heard

Junior

name for a barrister who is not a QC

Jurisdiction

the area and matters over which a Court has legal authority

Legal aid

limited facility for the fees and expenses of counsel and solicitors retained by those of modest means paid from a fund administered by the Legal Services Commission

Legal Expenses Insurance

insurance to cover legal expenses often purchased or supplied in conjunction with motor or household insurance or which may be purchased after the event to specifically cover legal expenses in a particular claim

Letter of Claim

one of the initial mandatory steps within the Pre -Action Protocols

Limitation period

the period of time available to a Claimant to bring an action against a Defendant.

Litigation

contesting an issue at law through Court proceedings 

Litigation Friend

the person who conducts the claim on behalf of a Minor or other person who lacks the mental capacity to conduct the claim themselves

Mediation

alternative process to Court (see ADR)

Minor

a person under 18 years of age who must be represented by a Litigation Friend as they are unable to act on their own behalf

Motor Insurers' Bureau

the Bureau responsible for claims made against uninsured or untraced drivers

Multi-Track

the track that defended claims with a value in excess of £25,000 are allocated to in the Court system and which is then governed by certain specific procedural rules

Negligence

the act of failing to take reasonable care and breaching the Duty Of Care

Nuisance

an interference with the enjoyment of property rights

Oath

a solemn calling upon God to witness to the truth of statements

Order

a direction by a Court

Plaintiff

a person bringing a claim (now called Claimant)

Pleadings

documents setting out the claim/defence of the parties involved in the proceedings (now known as Statements of Case)

Pre-Action Protocol

the procedure stipulated by the Civil Procedure Rules to be followed in particular categories of claims

Provisional Damages

this refers to money that the Court says the opponent must pay (or agrees to pay), on the understanding that the Claimant may return to Court at a later date for further damages if their condition deteriorates

QC

barristers (or less commonly solicitors) with a minimum standing of ten years may apply to become Queens Counsel. QCs are often referred to as 'silks' and are involved on larger or more important claims

Quantum

the amount of damages (compensation) awarded

Right of Audience

the entitlement to appear before a Court and speak on behalf of a party to the proceedings

Silk

a senior barrister sometimes referred to as a leader or leading counsel (also see QC)

Small Claims Track

the track that defended claims with a value of up to £5,000 (non injury) and £1,000 (injury) are allocated to in the Court system and which is then governed by certain specific procedural rules

Special Damages

fixed and quantifiable losses associated with a claim for personal injury damages such as loss of earnings, vehicle damage, etc

Statement of Truth

the signature at the end of a Statement of Case, application or other document verifying that the contents of that document are true

Statements of Case

documents setting out the claim/defence of the parties involved in the proceedings

Sub Judice

in the course of trial - whilst a Court case is under consideration proceedings are sub-judice and details cannot be disclosed

Success fee

the percentage of basic charges added to the legal bill under a Conditional Fee Agreement if a person’s claim for damages is successful

Summons

an order to appear or to produce evidence to a Court

The Bar

a term used to describe the barristers' branch of the legal profession

Third Party

someone joined into Court proceedings by a Defendant

Tort

a civil wrong

Trespass

a wrongful direct interference with another person or with his possession of land or goods

Trial Window

a period of time within which the claim must be listed for trial

Vicarious liability

the legal liability imposed on one person for wrongs committed by another, although the person made vicariously liable is not personally at fault

Without prejudice

this refers to negotiations between the Claimant and Defendant which take place with a view to a settlement and which cannot be revealed to the Court except under limited circumstances

Buying and selling residential property

Advance

the Mortgage loan

Assent

a formal document required to transfer ownership of property to a person entitled to the property following the death of the owner

Bridging loan

short term loan enabling the borrower to bridge the gap between the purchase of a new house and the sale of the old one

Chain

if a property seller is also buying another property then this will result in a chain of transactions (there can be a number of linked sales like this)

Completion

the point in a property transaction at which the legal transfer of a property from the seller to the buyer is finalised (contracts will have previously been exchanged  see exchange).  The buyer can take possession of the property from the completion date

Completion Statement

a written calculation of all the income and payments due in respect of the transaction

Conveyancing

the legal work needed to buy and sell a property

Deed of Covenant

a document confirming an agreement to pay or do something or refrain from doing something

Deed of Gift

a document transferring the ownership of property from one person to another without any payment being made for it

Deed of Postponement or Priority

where a Mortgagee agrees to their mortgage ranking after another lender's mortgage

Deeds

the official documents confirming who owns a property (for most properties, the deeds have been replaced electronic records held at The Land Registry). See Title Information document below

Disbursements

payments a lawyer will make on their clients behalf to a third party i.e. Court fees, experts fees, accident report fees, travelling expenses and investigation fees

Energy Performance Certificate

rates your home from A to G on how efficiently it uses energy. This data includes the date, construction and location of the house, and relevant fittings such as heating systems, insulation or double-glazing.

Equity

the difference between the value of the property and the amounts of any loans secured against it

Exchange of Contracts

once contracts have been exchanged, each party is legally committed to the transaction and risk regarding the property passes to the buyer

Fixtures, Fittings and Contents Form

this is a list of the items at the property stating whether they are included or excluded from the agreed price

Freehold

an owners interest in land where both the property and the land on which it stands belong to their owner indefinitely ie the outright ownership of a property

Gazanging

where the seller withdraws at the last minute, often due to market uncertainty or the seller failing to find a property to buy

Gazumping

where a seller agrees to sell to one buyer but then either sells to another buyer or raises the price when two or more buyers show interest

Gazundering

where the buyer lowers their offer on the property after agreeing a price, often on the day contracts are due to be exchanged

Ground rent

annual charge paid by leaseholders to the freeholder

Guarantee

a legal commitment to repay a debt if the original borrower fails to do so. Directors may give guarantees to banks in return for the bank giving finance to their companies. Companies in a group may guarantee each others loans

Homebuyers report

surveyor's report on a property (less extensive than a structural survey)

Joint Tenant

where you jointly own property with another person in undefined shares (compare with Tenants in Common)

Land Registry

a government department responsible for keeping and maintaining the Land Register of England and Wales.  The department registers title to land in England and Wales and records dealings, such as sales and mortgages, with registered land

Leasehold

the right to occupy a portion of a building for a given length of time

Lessee/Leaseholder

the person to whom a lease is granted

Lessor/Landlord

the person who grants a lease

Local Search

a search carried out at the local authority to check whether there have been any notices registered affecting the use of the property

Mortgage

a loan for a fixed period of time to help purchase the house. The mortgage is secured on the property. This means that you cannot sell the property without paying it off at the same time

Mortgage Deed

the mortgage deed is the document recording the Mortgage

Mortgagee

the person (or organisation, usually a bank or building society) lending the mortgage advance

Mortgagor

the borrower against whose property the money is borrowed

Occupiers Consent

any person over 17 living at the property but not signing the Mortgage Deed will be asked to consent to the Mortgage being taken out and agree to move out if the Mortgagee takes possession due to the default of the Mortgagor

Planning Permission

approval by the local authority to the building or change of use of a property or extension to an existing property

Principal

the amount of the loan on which interest is calculated

Property Information Form

this is a questionnaire about the property completed by the sellers. It covers such items as guarantees, neighbour disputes and boundaries

Purchaser

another name for the buyer of a property

Redemption

the repayment of a mortgage loan

Remortgage

a mortgage which is a replacement loan for another mortgage

Service charge

the amount a tenant pays for services the  landlord provides

Subject to contract

wording of any agreement before exchange of contracts which allows either party to withdraw without incurring any penalty

Survey

a report carried out by a surveyor on the physical condition of the property being purchased

Tenants in Common

where you have a defined share of a property held jointly with another person (compare with Joint Tenant)

Term

the length of time over which a Mortgage loan is to be repaid

Title Information Document

A copy of the entries at the Land Registry which relate to the property and which is issued once the title has been registered after completion

Transfer Deed

the document that records the transfer of ownership of the property from the seller to the buyer. It is dated with the completion date, and will be sent to the Land Registry after Completion.

Unregistered Title

where the title to a property has not previously been registered at the Land Registry and ownership is proved by the production of a complete chain of documents showing successive ownership

Vendor

another name for the seller of a property

Wayleave Agreement

a formal agreement entered into with a property owner to give a service provider (e.g. electricity or telephone company) a right for their pipe or cable to pass through or over their property

Commercial Property

Abandonment

the voluntary relinquishment of a property or an interest in a property, where there is no intention of resuming possession of the property or of maintaining rights in it

Alienation

the transfer of an interest in property to another - eg sale of a freehold or the grant or assignment of a lease

Amortisation

the gradual reduction of a debt or liability, especially by means of equal periodic payments at stated intervals which, in total, are sufficient to repay the capital or principal at the end of the given period and to pay interest on the outstanding balance throughout the period

Arbitration

an alternative method of resolving disputes paid for by the parties, determined by an arbitrator

Assignee

party to whom a lease has been assigned

Assignment

the transfer of a lease from one party to the other. Once a lease has been assigned, the assignee becomes responsible to the landlord for paying the rent and fulfilling the other obligations of the lease

Assignor

one who assigns a lease

Break clause

a clause in a lease giving either or both parties the right to terminate a lease in specified circumstances

Building lease

a long-term lease, imposing an obligation on the lessee to erect one or more buildings on the leased land, which will become the property of the landlord after the lease expires

Capital allowances

tax allowances that the owner of an asset can offset against taxable income or profits.  They provide a deduction for tax purposes in lieu of the depreciation charged in accounts

Capital value

the value of an asset, freehold or leasehold, as distinct from its annual or periodic (rental) value

Capitalisation

the value of an asset assessed in relation to the expected future income (rental) stream

Comparables

in determining the initial rent, or the market rent during the course of a rent review, parties and those acting on their behalf will have regard to evidence of rents for similar properties. Comparables may also be used to analyse properties' sale values

Completion

the point in a property transaction at which the legal transfer of a property from the seller to the buyer is finalised (contracts will have previously been exchanged  see exchange).  The buyer can take possession of the property from the completion date

Contracting out

agreement between landlord and tenant that the security of tenure provisions of Part II of the Landlord and Tenant Act 1954 shall not apply

Covenant

may be either a clause in a document requiring a party to do something or to refrain from doing something; or a term denoting the worth of a tenant which will have a bearing on the value of the lease

Demised premises

premises which are the subject of a lease

Derogation from Grant

where a landlord having granted rights to a tenant acts so as to interfere with the tenants ability to enjoy that right

Determination

the bringing or coming to an end of a lease, or an estate or interest in property, especially by notice as expressly provided for in the lease or as a consequence of a fundamental breach of a lease condition

Development

property development refers to either the construction of new buildings or refurbishment of existing buildings in the pursuit of gains

Dilapidations

a state of disrepair in a property where there is a legal liability for the condition of disrepair

Distraint

the enforcement of distress for rent

Distress for rent

a remedy enabling landlords to recover rent arrears by the seizure and sale of goods within the defaulting tenant's property

Exchange

the point at which contracts are exchanged between the buyer and seller.  This event creates a binding contract on both the buyer and seller and it is not possible to back out once contracts have been exchanged without risking serious financial penalties

Forfeiture

forfeiture of a lease occurs when the landlord exercises his right to regain possession against the wishes of the tenant, where there is a breach

Freehold

an owners interest in land where both the property and the land on which it stands belong to their owner indefinitely ie the outright ownership of a property

Freeholder

one holding the freehold

Full repairing and insuring (FRI) lease

an FRI lease requires the tenant to pay all running costs, eg maintenance, rates and insurance

Head lessee

where a sub-tenancy (or series of subtenancies) exists, the highest leaseholder in the chain (who pays rent to the freeholder)

Headline rent

the rent apparently being paid, which may not take account of concessions such as rent-free periods

Independent expert determination

an independent determination of the rent to be paid on review. Independent expert determination differs from arbitration in that the independent expert is not confined to the evidence presented by the parties

Indexation

the regular adjustment of a rent in accordance with a specified index, eg the Retail Price Index

Institutional lease

the typical institutional lease has been developed in England since the 1960s to meet the requirements of the pension funds and insurance companies investing in property. Generally tenants pay for all repairs and insurance to give the landlord a clear net income and minimise his management costs

Interim rent

a landlord may apply to the court to fix an interim rent when he has given notice of termination of a tenancy or where the tenant has served notice of a request for a new tenancy on the landlord

Land Registry

a government department responsible for keeping and maintaining the Land Register of England and Wales.  The department registers title to land in England and Wales and records dealings, such as sales and mortgages, with registered land

Landlord/Lessor

the party letting the property

Leasehold

the right to occupy a portion of a building for a given length of time

Lessee/Tenant

a party to whom a property has been let.

Market rent

the best rent at which a property might reasonably be expected to be let with vacant possession in the open market, with a willing landlord and tenant, taking full account of all terms of the lease offered

Marriage value

latent value which the merger of two or more interests in land would release

Mesne landlord

an intermediate landlord

Open market rent review

where the rent review clause provides that the rent on review should be based on the open market rent prevailing for new lettings

Prelet

property developments that have been let to tenants (on long or short leases) whilst the schemes are being planned or are under construction

Premium

the price an actual or prospective lessee pays to a lessor, usually in return for the rent being reduced to below what otherwise would be payable. Or a sum paid at the outset for the purchase of a lease

Prime location

the most desirable or sought after location

Prime property

a term used to define property of particular interest to investors. Broadly, prime property is likely to be a modern or recently refurbished building, finished to a high specification, well situated in a commercially strong geographical location and let to a good tenant

Quiet enjoyment

most leases contain a covenant for quiet enjoyment, entitling the tenant to enjoy the lease without unlawful entry, eviction or interruption

Rack rent

the best market rent obtainable

Real Estate Investment Trusts (REITs)

close ended companies or trusts that hold, manage and maintain real estate for investment purposes which is leased to tenants

Re-entry

a landlord may exercise his right to regain possession of premises by peaceable re-entry where there has been a breach of covenant by the tenant

Rent

an agreed charge for the use of a capital asset, typically property

Rent review

leases generally contain clauses providing for a periodical review of the rent, say at five yearly intervals. The lease will generally specify what the basis of the review is to be: eg the open market rent prevailing at the time of the review

Rental value

the rent that a property might reasonably be expected to command in the open market at a given time, subject to the terms of the lease

Restrictive covenant

a covenant in a lease restricting the tenant in some respect

Reverse premium

on assignment, the payment of a sum of money by the assignor to the assignee a sum of money to reflect unfavourable lease terms

Reversion

the return of property to the landlord on the expiry of a lease

Sale and leaseback

an arrangement whereby a property is sold, with the vendor simultaneously being granted a lease on the property by the purchaser

Secondary property

property which is defective in one (or possibly two) of the characteristics of prime property

Securitisation

the conversion of assets into tradeable securities

Security of tenure

the right of a tenant to continue to occupy until the landlord obtains a court order for possession or the tenant terminates of the agreement

Service charge

the amount a tenant pays for services the  landlord provides

Side agreement

terms agreed separately by landlord and tenant, or by buyer and seller, which do not form part of the lease or contract of sale

Special Purpose Vehicle (SPV)

an SPV is any entity established for the purpose of undertaking a single property transaction.   There are many types of SPVs and each has its own tax status

Stamp Duty Land Tax (SDLT)

this is a tax charged by the government on land transactions and is chargeable at rates between 1% and 5% on the VAT inclusive purchase price and rent

Subletting

where the tenant lets part or all of the premises to a subtenant, as permitted by the terms of the lease. It differs from assignment in that the head lessee remains responsible to the landlord for the payment of rent and fulfilment of other obligations

Termination

the coming or bringing to an end of a lease, by mutual agreement, expiry of the lease, or by the exercise of a right of one of the parties

Turnover rent

where part or all of a rent, especially of retail premises, is based on a specified proportion of the tenant's turnover

Upward only rent reviews

clauses in leases providing for regular reviews, at which the rent will be fixed at either the current rent or the open market level, whichever the higher

Waiver

the act of voluntarily giving up, or intentionally relinquishing, a claim, benefit or interest. A landlord waives his right of forfeiture, when a tenant is in breach of covenant, if he knows of the breach and accepts or demands rent or unequivocally recognises the continued existence of the lease

Company and Commercial Transactions

ADR - Company and Commercial Transactions 

this stands for 'alternative dispute resolution'. It is used as a way to resolve disputes without going to Court. Mediation is an example of this

Agency

a legal relationship between a person known as an agent, who acts and contracts on behalf of another person, known as the principal

Agent

a person appointed by another to act on his or her behalf.

Agreement

in law, agreement is another name for a contract, which is a legally binding oral or written agreement

Arbitration

an alternative method of resolving disputes paid for by the parties, determined by an arbitrator

Arms length transaction

any transaction in which the seller and buyer act completely independently of each other, have no common interest and have no connection or relationship with each other

Asset transaction

the purchase or sale of the assets of a sellers business (eg their equipment), rather than of the business (eg the company) itself

Beneficial owner

a beneficial owner is the true owner of a security or property, which may be registered in another name. An example is a shareholder, who may have registered his securities in the name of a broker or nominee

Bodies corporate

an entity that has legal personality, in other words is capable of enjoying and being subject to legal rights and duties. An example would be a limited company

Breach of contract

a failure by a party to a contract to abide by the terms of the contract or to perform the obligations outlined in the contract

Breach of warranty

a warranty is made by one party to another, a statement of fact usually relating to condition or quality of goods. A breach of warranty occurs when the promise is broken, i.e. product is defective or not as a reasonable buyer should expect

Clause

a separate section of a legal document such as a statute, contract or will

Confidentiality agreement

a signed document that legally binds the parties to keep the information confidential, and contractually restricts disclosure of this information to anybody else

Consequential loss

financial loss which is the result of physical damage to property, beyond the direct cost of repairing the physical damage (or replacing the damaged goods)

Consideration

to form a legal contract, an agreement must involve each party paying a price for whatever he received from the other party. This price is consideration, which can be money, an act, forbearance or a promise. A contract is not valid without consideration

Construction

the process of determining the true meaning of a written document

Contract

this is the agreement between the buyer and the seller. It sets out the main terms of what has been agreed such as the property to be bought and sold, the price and the names of the parties, and any special terms

Contractual obligations

an obligation made under a legally binding agreement, e.g. an obligation to pay, or to provide a service

Damages

money claimed by a party as compensation for being harmed in some way, or to recover financial loss

Data protection

safeguards relating to personal data, ie personal information about individuals that is stored on a computer and/or in relevant manual filing systems

Deed

a written document that must make it clear on its face that it is intended to be a deed and is validly executed as a deed

Fiduciary relationship

a relationship of trust and confidence, as between principal and agent, trustee and beneficiary, attorney and client, director and company

Force majeure

an event or effect beyond the control of the parties involved. It includes 'acts of God', such as extreme weather.  Specific provision is made for the exclusion of payment for damage or injury arising from force majeure in many contracts

Guarantee

a legal commitment to repay a debt if the original borrower fails to do so. Directors may give guarantees to banks in return for the bank giving finance to their companies. Companies in a group may guarantee each others loans

Injunction

an order issued by the court preventing or requiring action, often in an emergency

Intangible property

items that represent value but are not actual, physical objects. Examples include stocks in a company, bonds, bank notes, trade secrets, patents, copyrights and trademarks

Intellectual property

property that derives from the work of the mind or intellect. May receive legal protection through such mechanisms as copyright, patents and trade marks

Know-how

information with technical significance that is not formally recognised as an intellectual property right

Licence

a legal agreement granting a person (the licensee) permission to use something for certain purposes or under certain conditions

Lien

right to retain possession of assets or documents until full settlement of a debt

Mediation

alternative process to Court (see ADR)

Misrepresentation

making a false or misleading statement on which another party relies

Non-disclosure agreement

an agreement where parties share certain sensitive or confidential information with one another, but wish that information to remain undisclosed to other parties

Notice to terminate

a formal notification that the contract is to be terminated after a period specified in the contract or the notice itself

Novation

the substitution of one of the parties to a contract by another person, which releases the obligation of the former party and imposes it on the new one.  Novation can also mean the substitution of an existing contract by a new one between the same parties

Offer

a promise to do something or refrain from doing something which can be capable of leading to a legally binding contract if it is accepted by the other side.  An offer can be withdrawn or revoked before its acceptance by the other party

Tangible property

physical articles, as distinguished from intangible assets such as rights, patents, copyrights and franchises. Examples include furniture, cars, jewellery and artwork (see intangible property)

Trade name

a name of a business or one of its products that identifies the product as belonging to the business

Warranty

a statement attesting to a particular state of affairs, such as the good quality of merchandise, clear title to real estate or that a fact stated in a contract is true

Criminal Proceedings

Absolute Discharge

the court takes no further action against an offender, but the offender's discharge will appear on his or her criminal record

Accused

the person charged

Acquittal

release of defendant following verdict or direction of not guilty

Appeal

an application to a higher Court for review of a decision of a lower Court

Arrest

lawful detention by a police officer

Bail

release of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditions

Bench Warrant

a warrant issued by the magistrates or judge for an absent defendant to be arrested and brought before a Court either on bail or in custody

Caution

either a Simple Caution (non-statutory warning given by the police, following admission of guilt, as an alternative to prosecution, which though not a conviction will go on the police database), or a Conditional Caution (warning under the Criminal Justice Act 2003) following admission of guilt, which though not a conviction will go on the police database)

Charge

a formal accusation against a person

Committal

either Committal for Trial when following examination by the Magistrates of a case involving an either way offence it is sent to the Crown Court, or Committal for Sentence where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose and they commit the defendant to the Crown Court for sentence to be passed by a judge

Community Penalties

alternatives to prison which deal with the offender in the community rather than in prison. These include community punishment, community rehabilitation orders and drug treatment and testing orders

Compensation Order

a court order requiring the offender to pay compensation to the victim

Concurrent Sentence

a direction by a Court that a number of sentences of imprisonment or community penalty should run at the same time

Conditional Discharge

a discharge of a convicted defendant without sentence on condition that they do not re-offend within a specified period of time

Consecutive Sentence

an order for a subsequent sentence of imprisonment or community penalty to commence as soon as a previous sentence expires. Can apply to more than two sentences

Conviction

when an offender has pleaded or been found guilty of an offence in a court, he or she is said to have been convicted. The conviction then appears on the offender's criminal record

Crown Court

the Crown Court deals with all crime committed or sent for trial by Magistrates Courts. Cases for trial are heard before a judge and jury. The Crown Court also acts as an appeal court for cases heard and dealt with by the Magistrates

Crown Prosecution Service (CPS)

the Crown Prosecution Service decides whether there is enough evidence to take a case to court, and whether it would be in the public interest

Curfew Order

a curfew order is a form of house arrest. People must stay indoors, usually at their home, for the curfew period. An electronic tag, worn on the ankle or wrist, notifies monitoring services if the offender is absent during the curfew hours

Custodial Sentences

sentences where the offender is locked up in a prison, Young Offender Institution or Secure Training Centre

Discharge

the offender is found guilty of the offence, and the conviction appears on his or her criminal record, but either no further action is taken at all (absolute discharge), or no further action is taken as long as the offender does not offend again in a certain period of time (conditional discharge)

Discontinuance

a decision by the Crown Prosecution Service not to continue with a case

District judge

a judge in the County Court who will deal with the majority of the divorce proceedings and usually with financial matters

Either-Way Offence

an offence for which the accused may be tried by the magistrates or by committal to the Crown Court to be tried by jury

Indictable Offence

a criminal offence that can only be tried by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence

Indictment

a written statement of the charges against a defendant sent for trial to the Crown Court, and signed by an officer of the Court

Jury

body of 12 people sworn to try a case and reach a verdict according to the evidence presented to the Court

Justice of the Peace (JP)

a lay magistrate; a person appointed to administer judicial business in a Magistrates Court

Magistrates' Court

a Court where criminal proceedings are commenced before Justices of the Peace, or District Judges, who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence

Mitigation

the explanation for the offence given on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence

Notifiable Offence

offence deemed serious enough to be recorded by the Police. Includes most indictable and triable either-way offences

Plea

a defendant's reply to a charge put to him by a court; ie guilty or not guilty

Reasonable Doubt

the standard of proof in criminal courts in the UK is that the case is proved 'beyond reasonable doubt'. The Crown Prosecutor must prove 'beyond reasonable doubt' that the defendant committed the offence

Remand (in Custody)

the accused person (defendant) is kept in custody or placed on bail pending further Court appearance(s)

Stipendiary Magistrate

a legally qualified and salaried Magistrate  now called a District Judge

Summary Offence

a criminal offence which can only be tried by a Magistrates' Court

Surety

a person's undertaking to be liable for another's non-attendance at Court

Suspended Sentence

a custodial sentence which will not take effect unless there is a subsequent offence within a specified period

Employment Law

ACAS

Advisory Conciliation and Arbitration Service  this body was established under the Employment Protection Act 1975 to work to improve employer/ employee relations.

Agent

a person appointed by another to act on his or her behalf.

Annual Leave

the amount of holiday employees are entitled to by law

Applicant

someone who lodges a complaint with an Employment Tribunal

Breach of contract

a failure by a party to a contract to abide by the terms of the contract or to perform the obligations outlined in the contract

Code of practice

rules established by regulatory authorities, administrative bodies, trade associations, etc., which are used to suggest and guide behaviour

Collective agreement

an agreement reached as a result of negotiations between an employer and a trade union

Common law

laws arising from court rulings rather than from Acts of Parliament

Constructive dismissal

resignation by an employee in circumstances such that he or she is entitled to resign by reason of an act or course of action by the employer

Contract for service

a type of contract that defines an independent contractor

Contract of service

a type of contract in which an individual agrees to be paid a regular wage, work regular hours; in other words, an employment contract

Contract out

attempting to exclude or limit liability

DDA

Disability Discrimination Act 1996

Discrimination

treatment of one or more members of a specified group in a manner that is unfair in comparison with the treatment of others who are not members of that group

Employers Liability

the liability of an employer for breach of his duty to provide for his employees competent fellow-workers, safe equipment, a safe place of work, and a safe system of work, including adequate supervision

Employment Tribunal

the main forum for resolving an employment dispute between an employee and employer.  The claim is made to the employment tribunal following prescribed procedures and is usually resolved at a final hearing  Certain employment disputes may also be resolved through the County Courts

EPA

Equal Pay Act 1970 - requires that men and women be paid the same rate for like employment, or work rated as equivalent, or having equal value

Ex gratia payment

an ex gratia payment is discretionary, often given as a favour, and not as a result of legal duty

Express terms

the terms and provisions of a contract that the parties specifically deal with and agree upon

Frustration

an unexpected and unintentional event that makes it impossible to fulfil the terms of a contract

Garden or Gardening leave

when someone is paid for a period when they are not working, either after they have given in their notice or when they are being investigated for alleged misconduct

Grievance procedure

procedure to be followed by an employee with a complaint against an employer before commencing Tribunal action

Gross wages

the amount of wages before any deductions are made

Legitimate interests

an employers right to have certain interests protected by law

Maternity leave

the period of time a woman is allowed to be absent from her job because of her pregnancy

Misconduct

this is a potentially fair reason for dismissal if it is conduct so serious that dismissal is justified

National Minimum Wage

the minimum amount an employer is obliged to pay per hour

Net wages

the amount of wages after deductions are made.

Notice

advance notification by one party to an employment contract to the other that the contract will expire and will not be renewed

Paternity leave

the right for eligible employees to take paid leave to care for their baby or to support the mother following birth

Redundancy

termination of employment because a job no longer exists

Remuneration

reward or pay for service

Repudiatory breach

a fundamental breach of contract by either the employer or the employee that entitles the other party to terminate the relationship without providing notice

Respondent

the person against whom relief is sought by the applicant

Restrictive covenant in employment

a term in the employment contract restricting the employee’s activities either during the term of  the contact or after termination 

RRA

Race Relations Act 1976 - prohibits discrimination based on colour, race, nationality or ethnic or national origin

SDA

Sex Discrimination Act 1975 - prohibits discrimination based on gender or marital status in employment or when making an offer of employment

SMP

Statutory Maternity Pay - an employer must pay SMP to any employee who is eligible

SSP

Statutory Sick Pay

Statement of Particulars

a written statement outlining the terms, duties and responsibilities of a particular job

Statutory rights

any privilege recognised and protected by law.

Unfair dismissal

a remedy for unjustifiable dismissal based on statutory rights

Unlawful deduction from wages

where an employer holds back an individuals pay for no legitimate reason

Wrongful dismissal

a remedy for unjustifiable dismissal based on contractual rights

Family Law

Access

see contact

Acknowledgement of service form

the form by which the respondent (or co-respondent) acknowledges having received the divorce petition

Adoption

a formal legal process in which the legal obligations and rights of a child toward the biological parents are terminated and new rights and obligations are created between the child and the adoptive parents.

ADR - Family Law

this stands for 'alternative dispute resolution'. It is used as a way to resolve disputes without going to Court. Mediation is an example of this

Affidavit

sworn written statement for use in Court proceedings

Ancillary relief

a general term for the possible financial orders that a court can make (see financial remedy)

Answer

the formal defence to a divorce petition

Child abduction

the illegal removal of a child from its home, often from one country to another

Civil partnership

the Civil Partnerships Act 2004 enables same sex couples to register their relationship, thus securing largely the same treatment as marriage

Clean break

an order dealing with all the finances between the parties with a view to ensuring finality

Consent order

an order made by a court which gives effect to the terms agreed between a husband and wife, or between civil partners

Contact (formerly Access)

the arrangement by which a child sees the parent, or other individual, with whom he or she does not live

Co-respondent

a person with whom the respondent is alleged to have committed adultery

Custody

see residence order

Decree absolute

the final order of the court, which brings the marriage to an end

Decree nisi

the provisional order signifying that the court is satisfied that the ground for divorce has been established

Disclosure

the process of exchanging full financial details

District judge

a judge in the County Court who will deal with the majority of the divorce proceedings and usually with financial matters

Divorce

dissolution of marriage

Domicile

a person's permanent and principal home for legal purposes which will determine which country's laws apply

Family Proceedings Court

the division of the Magistrates Court that deals with family law matters

Financial Remedy

formerly known as anciallary relief – the powers of the court to make an order redistributing the income and capital assets of parties to divorce proceedings

Form E

a sworn statement containing financial information

Injunction

an order issued by the court preventing or requiring action, often in an emergency

Judicial separation

a formal separation sanctioned by the court, which enables the courts to make orders relating to money and property

Lump sum

payment of a capital sum of money

Maintenance

money paid by one party to the other for ongoing financial support

Maintenance pending suit

temporary maintenance pending the finalisation of a divorce

Matrimonial home

the property in which a married couple live together, regardless of whether or not they own or rent it

Mediation

alternative process to Court (see ADR)

Non-molestation order

an order preventing the use or threat of violence, or intimidation or harassment

Occupation order

an order regulating the right to occupy the matrimonial home

Parental responsibility

the rights and responsibilities that parents have towards their children

Pension sharing

the division of a pension fund between husband and wife, or civil partners

Periodical payments

see maintenance

Petition

the document in which a divorce or judicial separation is applied for

Petitioner

the person who is applying for a divorce or judicial separation

Pre nuptial agreement

a formal written agreement entered into by a couple before marriage recording their intentions as to the division of assets if the relationship breaks down.  Although not always legally binding, in certain circumstances the agreement can be accepted by the courts.  Equivalent agreements can be entered into before a civil partnership.

Prohibited steps order

an order prohibiting specific steps in relation to a child i.e. a change of surname or removal from the jurisdiction

Property adjustment order

an order that a property should be transferred

Request for directions

an application to the court for a decree nisi

Residence order

an order determining where a child is to live

Respondent

the person against whom relief is sought by the applicant

Separation agreement

a document setting out agreed terms for a separation without involving court proceedings

Service

the process by which court documents are formally sent to the recipient party (usually via their solicitor)

Specific issue order

an order determining a specific issue relating to a child, such as a dispute regarding education or medical treatment

Statement of arrangements

the form that must to be sent to the court with the petition if children are involved, setting out the proposed arrangements for those children when the divorce takes place

Insolvency

Administration Order

an administration order is a court order placing a company that is, or is likely to become, insolvent under the control of an administrator following a petition by the company, its directors or a creditor. The purpose of the order is to preserve the company's business and assets to allow a reorganisation or ensure the most advantageous realisation of its assets whilst protecting it from action by its creditors

Administrative Receiver

the person appointed by the holder of a floating charge debenture over a company's assets to collect in and realise the assets of that company and to repay the indebtedness to the debenture holder

Administrative Receivership

the term applied when an insolvency practitioner is appointed as an administrative receiver

Bankrupt

a person who cannot pay the debts owed to his creditors as they fall due or with an excess of liabilities over assets and who has not been discharged from bankruptcy

Bankruptcy Order

the court order making an individual bankrupt

Company Voluntary Arrangement (CVA)

a voluntary agreement for a company is a procedure whereby a plan of reorganisation or composition in satisfaction of debts, is put forward to creditors and shareholders.

Compulsory Liquidation

the placing of a company into liquidation as a result of an application to the court, usually by a creditor

Connected Persons

directors or shadow directors and their associates, and associates of the company

Creditors' Committee

a creditors' committee is formed to represent the interests of all creditors in supervising the activities of an administrator or trustee in bankruptcy, or receiving reports from an administrative receiver

Creditors' Voluntary Liquidation (CVL)

relates to an insolvent company. It is commenced by resolution of the shareholders, but is under the effective control of creditors

Debenture

a document stating the terms of a loan, usually to a company. Debentures may be secured on part or all of a company's assets, or they may be unsecured

Disqualification of Directors

a director found to have conducted the affairs of an insolvent company in an "unfit" manner may be disqualified, on application to the court by the DTI, from holding any management position in a company for between 2 and 15 years.

Fixed Charge

a fixed charge is a form of security granted over specific assets, preventing the debtor dealing with those assets without the consent of the secured creditor. It gives the secured creditor a first claim on the proceeds of sale, and the creditor can usually appoint a receiver to realise the assets in the event of default

Floating Charge

a floating charge is a form of security granted to a creditor over general assets of a company which may change from time to time in the normal course of business (e.g. stock). The company can continue to use the assets in its business until an event of default occurs and the charge becomes a fixed charge over the assets

Fraudulent Trading

where a company has carried on business with intent to defraud creditors, or for any fraudulent purpose. It is a criminal offence and those involved can be made personally liable for the company's liabilities

Going Concern

basis on which insolvency practitioners prefer to sell a business. Effectively it means the business continues, jobs are saved, and a higher price is obtained

Guarantee

a legal commitment to repay a debt if the original borrower fails to do so. Directors may give guarantees to banks in return for the bank giving finance to their companies. Companies in a group may guarantee each others loans

Individual Voluntary Arrangement (IVA)

a voluntary arrangement for an individual is a procedure whereby the person comes to an arrangement with his creditors as to how their debts will be discharged. Such a scheme requires the approval of the court and is under the control of a supervisor

Insolvency Practitioner (IP)

a person authorised by an approved body to act as an IP. The only people who may act as office holder in an insolvency proceeding

Insolvent

the state of not being able to pay one's debts as they fall due or having an excess of liabilities over assets

Insolvent Liquidation

a company goes into insolvent liquidation if it goes into liquidation at a time when assets are insufficient for the payment of its debts and other liabilities and the expenses of liquidation

Interim Order

an individual who intends to propose a voluntary arrangement to his creditors may apply to the court for an interim order which, if granted, precludes bankruptcy and other legal proceedings whilst the order is in force

Lien

right to retain possession of assets or documents until full settlement of a debt

Liquidation

the procedure whereby the assets of a company are gathered in and realised, the liabilities met and surplus, if any, distributed to members

Liquidation Committee

a committee of creditors who receive information from the liquidator and sanction some of his actions

Liquidator

the person appointed to deal with the assets and liabilities of the company or partnership once the resolution to wind up has been passed or a compulsory winding up order has been made

LPA Receiver (Law of Property Act 1925 receiver)

a person appointed to take charge of a mortgaged property by a lender whose loan is in default, usually with a view to sale or to collect rental income for the lender

Members' Voluntary Liquidation (MVL)

a solvent liquidation where the shareholders appoint the liquidator to realise assets and settle all the company's debts in full within 12 months

Misfeasance

breach of duty in relation to the funds or property of a company by its directors or managers

Nominee

the person chosen by the individual or corporate debtor to report on the debtor's proposals for an IVA or CVA

Office Holder

a qualified insolvency practitioner who holds the following posts: liquidator, provisional liquidator, administrator, administrative receiver, supervisor of a voluntary arrangement, or trustee in bankruptcy

Official Receiver (OR)

the civil servant employed by the Department for Business, Innovation and Skills (formerly known as the Department for Trade and Industry) to head the regional offices whose responsibilities cover bankruptcies and compulsory liquidations

Onerous Property

unprofitable contracts, or property which is unsaleable or not easily saleable or which might give rise to a continuing liability. Such property can be disclaimed by a liquidator or a trustee in bankruptcy

Preference

a payment or other transaction in the six month to two year period preceding a liquidation, administration or bankruptcy, which places a creditor or a person connected with the insolvent, in a better position than they would have been otherwise. A liquidator, administrator or trustee in bankruptcy may recover any sums which are found to be preferences

Preferential Creditor

defined in Schedule 6 of The Insolvency Act 1986. Has priority over ordinary creditors when funds are distributed by a liquidator, administrative receiver or trustee in bankruptcy

Proof of Debt

the document submitted in an insolvency to establish a creditor's claim.

Proving

a creditor who claims is referred to as "proving" for his debt, and the document by which he seeks to establish his claim is his "proof"

Provisional Liquidator

the person appointed by the court to deal with the affairs of the company until a compulsory winding up order is made

Proxy

the authority given by a creditor or member to another person (proxyholder) to attend a meeting and speak and vote at a meeting on their behalf

Reservation of Title or Retention of Title Agreement

an agreement for the sale of goods to a company under which, if the seller is not paid and the company is wound up, the seller will have priority over all other creditors of the company in respect to the goods

Secured Creditor

a creditor with specific rights over some or all of the debtor's assets in the event of insolvency. In essence he is paid first from the secured assets

Security

a charge or mortgage over assets taken to secure payment of a debt. If the debt is not paid, the lender has a right to sell the charged assets. The most common example is a mortgage over a property

Shadow Director

a person who is not formally appointed as a director, but in accordance with whose directions or instructions the directors of a company are accustomed to act

Statutory Demand

a formal notice requiring payment of a debt exceeding £750 within 21 days, in default of which bankruptcy or liquidation proceedings may be commenced without further notice

Supervisor

the person appointed to supervise the implementation of the IVA or CVA

Transaction at an Undervalue

a transaction in which the consideration received is significantly less than that given. In certain circumstances such a transaction can be challenged by an administrator, a liquidator or a trustee in bankruptcy

Undischarged Bankrupt

someone against whom a bankruptcy order has been made and who has not been discharged from bankruptcy

Unsecured Creditor

any creditor who does not hold security  and therefore the last to receive payment, ahead only of shareholders

VAT Bad Debt Relief

the relief obtained in respect of the VAT element of an unpaid debt. Previously available only when the debtor became insolvent, relief is now available on any debt unpaid for more than 6 months.

Voluntary Liquidation

the placing of the company into liquidation by resolution of the members

Winding-Up (or liquidation)

the procedure whereby the assets of a company are realised, the liabilities met and the surplus, if any, distributed to members

Winding-Up Order

the order made by the court for a company to be placed in compulsory liquidation

Winding-Up Petition

a winding-up petition is a petition presented to the court seeking an order that a company be put into compulsory liquidation

Wrongful Trading

applied to companies in liquidation where directors allowed the company to continue trading in circumstances where they should have concluded that there was no reasonable prospect that the company would avoid going into liquidation. The directors involved may be made personally liable to make a contribution to the company's assets

Intellectual property

ADR - Intellectual property

this stands for 'alternative dispute resolution'. It is used as a way to resolve disputes without going to Court. Mediation is an example of this

Agency

a legal relationship between a person known as an agent, who acts and contracts on behalf of another person, known as the principal

Agent

a person appointed by another to act on his or her behalf.

Agreement

in law, agreement is another name for a contract, which is a legally binding oral or written agreement

Arbitration

an alternative method of resolving disputes paid for by the parties, determined by an arbitrator

Breach of contract

a failure by a party to a contract to abide by the terms of the contract or to perform the obligations outlined in the contract

Breach of privacy

an unwarranted or unauthorised intrusion of an individuals privacy by government, media or other institutions or individuals

Collective mark

trade marks owned by an organisation (such as an association) whose members use them to identify themselves with a level of quality or accuracy, geographical origin or other characteristic(s) set by the organisation

Confidentiality agreement

a signed document that legally binds the parties to keep the information confidential, and contractually restricts disclosure of this information to anybody else

Copyright

a persons exclusive right to reproduce, publish or sell his or her original work of authorship (as a literary, musical, dramatic, artistic or architectural work)

Damages

money claimed by a party as compensation for being harmed in some way, or to recover financial loss

Data protection

safeguards relating to personal data, ie personal information about individuals that is stored on a computer and/or in relevant manual filing systems

Database rights

the rights related to an organised collection of information held on a computer

Defamation

the publication of an untrue statement about a person that tends to lower his reputation in the opinion of right-thinking members of the community or to make them shun or avoid him

Design rights

protection for the external appearance of an article, including its shape, configuration, pattern or ornament. A design right is distinct from a patent, which protects the internal workings of the article

Domain name

virtual address on the internet

European Patent Office (EPO)

pan-European body responsible for granting patents across Europe

Exclusive/non-exclusive right

an exclusive right refers to an agreement under which only one person may sell or otherwise use a particular item or permission, often at the exclusion of the person who originally owned it. A non-exclusive right refers to a situation where multiple agents may sell a property

Infringement

the unauthorised copying or use of a protected form of intellectual property

Injunction

an order issued by the court preventing or requiring action, often in an emergency

Injunctive relief

the granting of an injunction

Intangible property

items that represent value but are not actual, physical objects. Examples include stocks in a company, bonds, bank notes, trade secrets, patents, copyrights and trademarks

property that derives from the work of the mind or intellect. May receive legal protection through such mechanisms as copyright, patents and trade marks

Intellectual property rights (IPR)

intangible property rights resulting from intellectual effort, including patents, designs, copyright

Invention

the creation of a new technical idea and of the physical means to accomplish or embody it. To be granted a patent, an invention must be novel, have utility and make a distinct and recognised contribution to the advancement of science

Know-how

information with technical significance that is not formally recognised as an intellectual property right

Letter of consent

letter from one party consenting to the use or registration of another partys trade mark

Libel

the publication or broadcast of an untruth about a person that will harm their reputation by fostering the ridicule, hatred, scorn or contempt of others. Libel is distinguished from slander, which is oral defamation (see defamation)

License

agreement granting a person (the licensee) permission to use a work for certain purposes or under certain conditions

Mediation

alternative process to Court (see ADR)

Misrepresentation

making a false or misleading statement on which another party relies

Moral rights

the author of a copyright work retains certain rights over a work even after sale or transfer of the works copyright

Non-disclosure agreement

an agreement where parties share certain sensitive or confidential information with one another, but wish that information to remain undisclosed to other parties

Notice to terminate

a formal notification that the contract is to be terminated after a period specified in the contract or the notice itself

Obligation of confidence

the duty not to make public or known to a third party some secret or private information that was expressly or impliedly imparted under a relationship of confidence

Office for Harmonisation in the Internal Market (OHIM)

the Trade Marks and Designs Registration Office of the European Union

Passing off

actionable misrepresentation by a party that goods or business are those of another

Patent

the grant of an exclusive right to exploit an invention i.e. to use it and benefit from it

Patent application

a technical document describing in detail an innovation for which a patent is sought

Patent Attorney

qualified under the rules of the Chartered Institute of Patent Attorneys

Personality right

combination of rights owned by a person to exploit his or her image and consequently to sue any party for any unauthorised exploitation of that image

Plant variety rights

a form of intellectual property designed to protect new varieties of plants in a similar fashion to a patent.  Also sometimes know as plant breeders' rights and governed by the Plant Varieties Act 1997

Publicity rights

a collection of rights held by individuals enabling them to control the commercial use of their identity and persona, such as name, voice, signature, photograph and likeness

Royalty

a sum payable by a third party to the rightsholder for the right to use their property for the purpose of gain.  Royalties are paid generally for the licensing of intellectual property

Tangible property

physical articles, as distinguished from intangible assets such as rights, patents, copyrights and franchises. Examples include furniture, cars, jewellery and artwork (see intangible property)

Trade mark

any sign, symbol, feature or get-up that is capable of distinguishing one traders product, or service, from anothers

Trade Mark Agent/Attorney

member of the UK Institute of Trade Mark Attorneys

Trade name

a name of a business or one of its products that identifies the product as belonging to the business

WIPO (World Intellectual Property Organisation)

international body responsible for facilitating the granting of intellectual property rights throughout the world

Wills and Probate

Abatement

a reduction in the amount of legacies, debts or claims where an estate is insufficient to pay all in full

Absolute interest

an interest whereby the beneficiary is completely entitled immediately and without restriction or condition

Accumulation

the retaining and re-investment of interest

Acquisition/probate value

the value at which either the personal representatives or the beneficiary acquires the assets

Adeem/ademption

the complete or partial extinction of a specific bequest as a result of the Testator/Testatrix having gifted, sold or otherwise disposed of it during their lifetime (other than by revocation)

Administration, Letters of

granted by a court to administrators (usually the next of kin) to give them the authority they need to act and to administer/distribute the estate where no will has been made

Affidavit/oath

a written statement of evidence confirmed on oath or by affirmation that it is true

Apportionment

the division of income in proportionate shares between certain beneficiaries, calculated on a day-to-day basis

Appropriation

the transfer of an asset (instead of its sale proceeds) on account of a legacy or share of residue

Assets

generally speaking, everything that a person owns

Attorney

a person appointed by another to act in his or her place

Beneficiary

anyone who receives anything from a will

Bequest

a gift left in a will

Bona vacantia

a term for ownerless property which passes by law to the Crown

Chargeable gift

a gift on which inheritance tax may be charged

Chattels

personal possessions ie clothes/furniture as distinct from land

Citation

calling on someone to do something

Codicil

a modifying clause added to a will

Commissioner for Oaths

a person entitled to administer oaths

Contingent gift

a gift that is conditional on the occurrence of a particular event, i.e. a beneficiary reaching the age of 21

Crown or Treasury

a term used to refer to the government. If you do not have a will and have no next of kin, the Crown will receive your estate following your death.

De bonis non

unadministered assets

Devise

a gift by will of freehold property

Devolution

the passing of property by the process of law

Discretionary Trust

where assets are left in a will to trustees whose discretion it is to decide who should receive it

Enduring Power of Attorney

a document giving legal authority for others to conduct your affairs. These have now been replaced by Lasting Powers of Attorney (see below) but will be valid if made before 1 October 2007

Engross

to prepare a document for signature

Estate

the total value of everything you own at your death, less any outstanding commitments

Executors

the people chosen to implement a persons will

Grant of representation

the court order authorising a person to deal with the assets of the deceased. If a will appoints executors, it is called a grant of probate; otherwise, a grant of letters of administration (with or without a will annexed).

Guardian

someone selected to look after the interests of a child under 18 years of age

Inheritance Act claim

A claim by someone for better provision under the will of someone from whom they were receiving financial support 

Inheritance Tax

tax payable on the transfer of assets either during an individual's lifetime or on his or her death

Intestacy

the situation that arises when someone dies without making a will

Legacy

a gift left in a will (also see pecuniary legacy)

Life interest

the right to enjoy for life (or until a specified time period has elapsed or an event has occurred) an asset which will eventually revert to the original estate on the expiry of the term

LPA

Lasting Power of Attorney

Marshalling

the order of payment as between creditors and beneficiaries

Next of kin

the nearest blood relative

Pecuniary Legacy

a gift of money under a will

Power of Attorney

a legal document in which one person gives another the power to carry out actions on their behalf behalf but which is only valid to the extent for the performance of those actions and whilst the person giving the power has capacity (see Enduring and Lasting Powers of Attorney)

Predeceased

someone who dies before the individual who has made the will

Probate, Grant of

the document which confirms to executors that they have authority to act, and which validates the will

Realisation

converting estate assets into cash

Renouncing probate

the act whereby a named executor signs a legal document which cancels his/her appointment

Residue

the remainder of the estate after the payment of all debts, taxes, administration expenses, legacies and bequests under the will

Reversionary Interest

interest in trust property after the expiry of a life interest

Revocation

cancellation by an act, event or order of court

Testator/Testatrix

the person making the will

Trust

a legal structure allowing assets to be held for the benefit of other parties

Trustee

the person who holds property in the trust and is responsible for administering them in accordance with the terms of the trust

Variation, Deed of

an arrangement whereby selected provisions of a will may be varied by consent of the beneficiaries

Vested interest

right to immediate or future entitlement

Will

a document declaring how an individual wishes to dispose of their assets upon his or her death

Witness

an individual must be seen signing their will by two witnesses, and he or she is then required to watch the witnesses sign the document. The witnesses must also watch each other sign the will. No beneficiary (or their spouse) should sign the will; if they do, any gift to them or their spouse will be invalid.

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