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Common Legal Terms

Adjournment
the suspension of the sitting of a Court until a later time

Administration
(of an estate) the collection of the assets of a deceased person, payment of the debts and distribution of the surplus to the persons entitled to them

Affidavit
a written statement which has been sworn or affirmed by the person making it to be true

Attorney
a person appointed by another to act on his or her behalf (see also Power of Attorney and Enduring Power of Attorney)

Bankruptcy
Court proceedings for the distribution of the property of an Insolvent person among his or her creditors and to provide relief from further liability for the unpaid balance of that person’s debts

Barrister
a lawyer whose work mainly involves appearing in Court and giving legal opinions

Beneficiary
a person for whose benefit property is held by a Trustee or Executor

Caveat
a formal warning lodged by a person making a claim so as to prevent a further step being taken without notice to that person

Caveat emptor
let the buyer beware

Codicil
a document adding to, altering, explaining or confirming a Will

Contract
an agreement enforceable at law

Decree absolute
a Court order (usually for divorce) which has come into full effect

Decree nisi
a Court order (usually for divorce) which has not yet come into full effect

Easement
a right over another person’s land, such as a right of way, a right to light, support etc

Enduring Power of Attorney
a special kind of Power of Attorney which comes into force or remains in force despite a subsequent loss of mental capacity of the person granting it

Enduring Power of Guardianship
a formal document under which one person appoints another or others as his or her Guardian(s) and which comes into force or remains in force despite a subsequent loss of mental capacity of the person granting it

Execution
(of a document) the completion of a document, usually by signing it, in accordance with all necessary formalities

Executor
the person appointed under a Will to conduct the Administration of the estate of the Testator and to ensure that the provisions of the Will are put into effect

Guardian
a person having the right and duty of protecting the rights and welfare of another who is incapable of doing so himself or herself

Insolvent
unable to pay debts in full as they fall due

Lease
a right to exclusive possession of the land of another for a particular period

Letters of Administration
an authority granted by the Supreme Court to a person to conduct the Administration of the estate of a deceased person who died without a Will or without an Executor

Mortgage
a charge over the property of another as security for the repayment of a debt

Power of Attorney
a formal document under which one person appoints another or others to act on his or her behalf

Probate
a certificate granted by the Supreme Court that the Will of a person has been proved and registered in the Court and that administration of the estate has been granted to the Executor or executors named

Solicitor
a lawyer whose work mainly involves advising clients and preparing legal documents

Testator
a person making a Will

Tort
a legal wrong, being an act or omission, whether intentional or not, which causes harm to another person and may give rise to a claim for damages

Torrens system
a system of registration of title to land backed by a Government guarantee

Trust
a legal relationship under which property is held by one person (the Trustee) on behalf of and for the benefit of another (the Beneficiary)

Trustee
a person who holds property on behalf of and for the benefit of another (the Beneficiary)

Will
a document signed by a Testator providing for the Administration and distribution of property after his or her death