Glossary of Legal Terms

Administrator, Administratrix

Man/ woman appointed by the Courts to distribute the estate of a person who died without a Will.

Dependents' Relief Act

Ontario law permitting a spouse or child to obtain benefits from an estate if not provided for in the Will.

Encroach

Paying out of money or assets held in trust to a beneficiary.

Escheat

Appropriation by government of an estate without a Will or next-of-kin.

Estate File

Contains all documents needed to grant Letters Probate or Letters of Administration. Includes the petition for probate or administration, the original Will, oaths of executors or administrators, tally of assets, and related evidence.

Executor/Executrix

Man/ woman named in a Will to distribute the estate.

Index

Organized by surname initial and date. Gives the number of the deceased's Estate File and/or the Register and page number.

Intestate

A person, or the act of dying, without a Will.

Letters of Administration; with Will Annexed

Court grant appointing an administrator to distribute the estate of a person dying without a Will; the same in cases where the Executor named in the Will has since died.

Letters Probate

Court grant confirming the Executor named in the Will. Includes the official transcript of the will.

Life interest

Benefits awarded by a Will to be enjoyed only during the beneficiary's life.

Register

Also known as Probate and Administration books, they contain the court's copy of all grants of probate (in estates with wills) and administration (estates without wills).  Prior to 1858, there was no standard format established for the Registers so their contents and organization can vary.  After 1858, a standard format was laid down and copies of wills were to be included after Grants of Probate, and, copies of bonds were to be included after Grants of Administration.

Succession Duty Act (1892)

Ontario law requiring duty be paid on estates. The Act dictates a full valuation be made of the estate with a beneficiaries roll listing their relation (if any) to the deceased. Proof of payment of all duties had to be filed with the Court before the estate could be finally probated.

Testate

A person, or the act of dying, with a Will.

Testator/Testatrix

Man/ woman who makes a Will.

Will

A deposition made before witnesses, outlining the deceased's final wishes. May include later codicils (amendments). The original was filed in the Estate File and a transcription copied into the Register. Early courts allowed Wills to be registered "in anticipation" but this not mean they were eventually probated.