14/10/2026
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Legal Words you See in a Will that may Confuse you
Imagine reading your late father's Will and seeing the word “TESTATOR” everywhere. You may start wondering whether it is another family member you have never heard of! 😂
As a lawyer, let me break down some legal words you may come across when reading a Will in simple English.
🥢 TESTATOR
This is the person who makes a Will. A traditional term used for male. For example, if your father writes a Will stating how his properties should be shared after his de@th, your father is the Testator.
🥢 TESTATRIX
This is the traditional term used for a female who makes a Will. For example, if your mother makes a Will before her death, she may be referred to as the Testatrix.
🥢 BENEFICIARY
This is the person who is entitled to receive a gift, money, land, a house or another benefit under a Will. For example, if your uncle leaves you his house in his Will, you are a Beneficiary in respect of that gift.
🥢 EXECUTOR
This is the person appointed in a Will to carry out the instructions of the person who made it.
For example, if your father appoints your elder brother to ensure that his Will is properly administered, your brother is an Executor.
🥢 CODICIL
This is a legal document used to make an addition to, or amendment of, an existing Will without necessarily replacing the entire Will.
For example, your mother makes a Will and later decides to change the gift of a particular property. She may use a Codicil, provided the legal requirements are satisfied.
🥢 BEQUEST
This refers to a gift of personal property made under a Will. For example, if your father leaves his car or a sum of money to you in his Will, that gift may be described as a Bequest.
🥢 DEVISE
This traditionally refers to a gift of real property, such as land or a house, under a Will. For example, “I devise my house at No 15b Rexlawson, Borokiri, Port Harcourt to my daughter” means the Testator intends to leave that house to his daughter.
🥢 RESIDUARY ESTATE
This is what remains of the estate after the relevant gifts, debts, expenses and other obligations have been dealt with. For example, after your father's Will has provided for his house, car and other gifts, whatever remains may pass to the person named as the residuary beneficiary.
🥢 ATTESTING WITNESS
This is a person who witnesses the ex*****on of a Will in accordance with the applicable legal requirements. Their role is important because the validity of a Will may be challenged if the required formalities were not followed.
🥢 PROBATE
This is the legal process through which a competent court or Probate Registry establishes the validity of a Will and authorises the appropriate administration of the estate. In simple English, it is part of the legal process for dealing with a deceased person's estate under a Will.
🥢 ESTATE
This refers to the property, assets, rights and other interests left behind by a deceased person, subject to applicable law and obligations. Your father's estate may include land, houses, money, shares and other assets he owned.
🥢 DECEASED
This simply means a person who has d!ed. Therefore, when a legal document refers to the deceased, it is referring to the person who has passed away.
🥢 INTESTATE
This describes a situation where a person d!es without leaving a valid Will that governs the distribution of their estate. Where a person d!es intestate, the applicable laws determine how the estate is administered and distributed.
🥢 LETTERS OF ADMINISTRATION
This is the authority granted by the appropriate Probate Registry to persons appointed to administer a deceased person's estate, commonly where there is no valid Will or no effective executor able to act, subject to the applicable law.
🥢 LEGACY
This commonly refers to a gift of personal property or money left to someone under a Will. It is closely related to the term “Bequest.”
For example, if your aunt leaves you ₦2 million in her Will, that gift may be described as a Legacy.
Now, here is something you must understand
Being mentioned in a Will does not automatically mean you can immediately take possession of every property mentioned. The Will must be dealt with according to the applicable legal requirements, and the estate may need to go through probate and administration.
Save this post because you may need it someday.
Now tell me before reading this post, how many of these legal words did you already know?
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