Estate Terms and Definitions

Administrator
A person appointed by the court to administer the estate of a deceased person who did not leave a valid Will.

Beneficiary
A person designated to receive something under a Will, registered plan or insurance policy.

Bequest
A gift of personal or household belongings to a person named in a Will.

Codicil
A legal document amending the Will.

Estate
All the assets and liabilities of an individual at the time of death.

Estate documentation
The legal documents required to settle an estate.

Executor
Person(s) named in a Will to administer the estate of the deceased. In Ontario, the executor is known as the estate trustee with a Will. In Quebec, the executor is known as the liquidator.

Grant of probate
An order of the court that confirms the executor has the authority to administer a deceased person’s estate under a Will. In some provinces, this is called Letters Probate. In Ontario, it is called a Certificate of Appointment of Estate Trustee with a Will.

Intestate
When a person dies without leaving a valid Will.

Joint tenancy with right of survivorship
A form of property ownership by two or more people with the right of ownership passing to the person or persons who survive. Normally, property owned in joint tenancy passes to survivors outside of a Will. This does not apply in Quebec.

Legacy
Gifts of cash to beneficiaries named in a Will. In Quebec, a legacy is a gift to a beneficiary or beneficiaries named in a Will.

Letters of administration
A document issued by a court appointing the administrator(s) of an estate. It is issued when a person dies intestate (without a Will). In Ontario, this document is called a Certificate of Appointment of Estate Trustee without a Will. This is not applicable in Quebec.

Letters probate
A document issued by a court confirming the authority of the executor named in the Will. It also certifies the Will to be the Last Will and Testament of the deceased. Letters Probate are known as Grant of Probate in Alberta, Manitoba, Northwest Territories, Yukon and Nunavut and Certificate of Appointment of Estate Trustee with a Will in Ontario. This does not apply in Quebec.

Liquidator
Term used in Quebec for the executor of an estate.

Probate
The formal process of proving the Will and confirming the authority of the executor(s) named in the Will.

Probated Will
Applicable in Quebec only, a document issued by the superior court that attests that the Will is the Will of the deceased and that the formalities required by law have been observed.

Proof of death
An original, notarized or certified true copy of a death or burial certificate, Act of Death, Certificate of Death or other evidence of death. In Quebec, legal proof consists of the Act of Death issued by the Registrar of Civil Status.

Residual Beneficiary
The beneficiary(ies) to whom the residue of the estate is left.

Residue
The portion of an estate remaining after all debts, taxes and expenses have been paid and all specific gifts of cash and personal and real (realty) property have been made.

Testamentary
Of or pertaining to a Will document.