Common Terms in BC Estate Litigation
B.C. Estate Litigation Terminology
Estate litigation is a complex area of law that can be further complicated by the emotions of the parties involved. When a relative or loved one has passed away and a lawsuit is being commenced over the content of their will or the distribution of their estate, many people can find themselves overwhelmed.
This blog is intended to give brief definitions to some of the common terms found in estate litigation:
- Administrator – An Administrator of an Estate is a person or organization appointed by the Court to manage the distribution of an Estate when there is no Will.
- Executor/Executrix – An Executor or Executrix is a person or organization who is charged with managing the distribution of an estate according to the terms of a Will. Most Wills will have a specific section naming an executor or a back-up alternate executor. Some Wills will name more than one person to act as co-executors.
- Testator – A testator is another term to describe the person who made the Will. The wishes of the testator are called testamentary intent.
- Beneficiary – A beneficiary is a person or organization who is named in the Will and is to be the recipient of something from the Estate.
- Residue – The residue of an Estate is all of the assets of an estate that are not specifically given to a person or an organization. The Residue can be the largest part of the Estate to be distributed and the beneficiaries to the residue are known as the residual beneficiaries.
Related BC Wills, Estate Planning, & Litigation Posts
- Explaining Key Terms in Estate Litigation
- Resolving Resulting Trusts: Estate Litigation and Wills Variation in BC
- Why File A Certificate of Pending Litigation
- B.C. Estate Litigation: Hearing “Hearsay” Evidence
Contact the Kushner Law Group
We hope this post on legal terminology has helped you. If you are involved in an estate dispute and need legal advice, contact the Kushner Law Group to schedule a consultation today.