Annulment
A declaration by the court that a marriage was never legally valid.
Beneficiary Those who benefit from a Will. The plural of this individual is beneficiaries.
Codicil
A document supplementary to a Will, which adds to, varies or revokes provisions
in the Will. It must be approved with the Will. If many changes are made
to the Will it is usually better to execute a new Will.
Decree Absolute
An Order of nullity that brings a marriage to a legal end, enabling the parties
to remarry. It is usually issued six weeks after the decree nisi (unless
there are exceptional reasons why it should be given sooner).
Decree Nisi
A conditional decree of nullity granted to the Petitioner in the first instance.
The parties to the marriage are still married until the decree is made absolute.
Divorce Petition
Every divorce must be commenced by a petition. The petition is the central
document in the proceedings and is filed by the spouse seeking the divorce.
Duty of Care
A legal obligation to take reasonable care and avoid causing damage. There
is a duty to take care in most situations in which one can reasonably foresee
that one’s actions may cause physical damage to a person(s).
Executor
A person appointed by a Will to administer the estate of the Testator/ Testatrix.
The deceased person’s property is vested in the Executor, who is empowered
to deal with it as directed by the Will from the time of the Testator’s/
Testatrix’s death.
Executrix
Feminine of Executor.
Inheritance Tax
This is payable on the value of a person’s estate on death added to the
value of lifetime gifts in the seven years preceding death. At present (2003-2004)
it is nil on estates below £255,000 and 40% on estates over that figure.
Intestacy
When a person dies without having made a valid Will disposing of all his/her
assets/property.
Irretrievable breakdown The deterioration of a marriage
to such an extent that the court (of a marriage) will grant a divorce.
The sole ground for a divorce in England and Wales.
Liability
To prove that someone was negligent and/or at fault and as a result of that
negligence and/or fault you suffered injuries and other losses.
Negligence
Carelessness amounting to the culpable breach of a duty of care: failure to
do something that a reasonable person, i.e. an average responsible citizen
would do.
Petitioner
This is the person issuing/seeking the divorce.
Quantum
The amount of money awarded in damages. Quantum is separated into general damages,
special damages and future loss. You may also be entitled to claim interest
on your damages.
Respondent
This is the other spouse to the divorce, the person served with the Divorce
Petition.
Testator
A person who makes a Will.
Testatrix
Feminine of Testator.
Will
A document by which a person appoints an Executor/Executrix to administer his/her
estate after his/her death, and directs the manner in which it will be distributed
to the Beneficiaries he/she specifies.
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