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Common Will Terms

 
Legal Topics > Family > Wills, Trusts and Estates > Drafting Wills and Trusts

What Are Some Common Terms With Wills?

The most common terms that people often have difficulty understanding are:

  • Fiduciary - an individual or trust company working for the benefit or another
  • Grantor - an individual who conveys property by means of a trust; in wills, the person whose wishes are expressed
  • Testator - a person who has made a valid will
  • Beneficiary - the person who is to receive property as a result of the will or trust
  • Trustee - an individual or trust company that holds legal title to property for the benefit of another and acts according to the trust
  • Executor - an individual or trust company that settles the estate of the testator
  • Principal - the property or capital of an estate or trust
  • Income - returns from the property such as interest, dividends, rents, etc.
  • Probate - the formal legal process recognizing a will and appointing an executor to carry out the terms of the will
  • Bequests - specific gifts of cash

What Parts Of The Will Are Most Important?

When reading a will, it is very important that you understand:

  • who the beneficiaries are
  • what they are to receive and when
  • how many years the trust will be ongoing
  • who are your co-fiduciaries, if any

Do I Need a Lawyer To Understand Common Terms In Wills?

Regardless of whether you think you understand the terms of a will or not, it is a good idea to consult an attorney.  A good estate planning attorney will be able to help sort out your rights and any property you may be entitled to.

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Related Articles:
•  Selecting an Executor
•  Estate Planning
•  Removal of Executor
•  Estate Administration
•  Contested Wills or Probate
•  Drafting Wills and Trusts
Related Forums:
•  Wills, Trusts and Estates Law Forum
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