National Crime A
Administrator
A person appointed by the court to manage and distribute the estate of someone who has died without a valid will (intestacy) or where the named executor cannot or will not act. An administrator has similar duties to an executor but derives their authority from the court's grant of letters of administration rather than from the will itself.
Affidavit
A written statement of fact sworn or affirmed before a person authorised to administer oaths (such as a lawyer or justice of the peace). Affidavits are the primary form of evidence in probate and estate litigation. The person making the affidavit must have personal knowledge of the facts stated. False statements in an affidavit can constitute perjury or contempt of court.
Attorney
In estate and elder law contexts, an attorney is a person appointed under a power of attorney to make financial or personal decisions on behalf of another person (the principal). The term does not necessarily refer to a lawyer — it refers to the person holding the power. An attorney has strict duties to act in the principal's best interests and not to benefit themselves at the principal's expense.
B
Beneficiary
A person or organisation named in a will to receive a gift (benefit) from the estate. Beneficiaries can be residuary (entitled to the remainder of the estate after debts and specific gifts), specific (entitled to a particular asset), or pecuniary (entitled to a fixed sum of money). Beneficiaries have rights to information about estate administration but the scope of those rights depends on the type of gift.
C
Caveat
A formal notice lodged with the probate registry that prevents a grant of probate or letters of administration from being issued without notice to the person who lodged the caveat. Caveats are used when someone wishes to challenge a will or raise concerns about the administration before probate is granted. A caveat is an interim measure — it does not resolve the dispute but preserves the position while issues are investigated.
Codicil
A legal document that amends, modifies, or supplements an existing will without revoking the entire will. A codicil must be executed with the same formal requirements as a will — in writing, signed by the will-maker, and witnessed by two people. Multiple codicils can exist alongside a will, and all must be read together to determine the will-maker's final intentions.
Coercion
The use of force, threats, or pressure to compel a person to act against their free will. In probate law, coercion is the core element of undue influence — the will-maker's free will must be overborne, not merely influenced. Coercion can be physical, psychological, emotional, or financial. Proving coercion requires evidence that goes beyond persuasion or family pressure.
E
Elder Financial Abuse
The illegal or improper use of an older person's money, property, or assets. In estate contexts, this commonly includes pressuring an elderly person to change their will, misusing power of attorney to transfer assets, isolating the person to control their finances, and making unauthorised withdrawals. Elder financial abuse often intersects with probate and estate disputes when the abuse affects the estate's composition or the will's validity.
Estate
All of the assets and liabilities left by a deceased person at the time of their death. The estate includes real property, bank accounts, investments, personal possessions, and business interests — minus any debts, taxes, and administration expenses. Not all assets form part of the estate: jointly held property (which passes by survivorship), superannuation (which may be paid directly to nominees), and assets held in trusts may fall outside the estate.
Executor
The person (or people) named in a will and appointed by the will-maker to administer the estate after death. The executor's role includes locating the will, applying for probate, identifying and securing assets, paying debts and taxes, and distributing the estate according to the will. Executors owe fiduciary duties to the estate and beneficiaries — they must act honestly, impartially, and in the best interests of all beneficiaries.
F
Family Provision Claim
A legal application by an eligible person (such as a spouse, child, or dependant) for provision (or further provision) from an estate where the will (or intestacy rules) does not make adequate provision for their proper maintenance, education, or advancement in life. In NSW, family provision claims are governed by Chapter 3 of the Succession Act 2006; in Queensland, by Part 4 of the Succession Act 1981. Strict time limits apply — generally 12 months from the date of death.
G
Grant (of Probate)
The formal court order issued by the Supreme Court confirming that a will is valid and authorising the executor to administer the estate. The grant serves as proof to banks, land registries, and other institutions that the executor has authority to deal with the deceased's assets. A grant can be revoked if it was obtained through fraud, material non-disclosure, or where a later will is discovered.
I
Intestacy
The situation where a person dies without a valid will. In this case, the estate is distributed according to statutory intestacy rules, which set out an order of inheritance — typically spouse and children first, then parents, siblings, and more distant relatives. If the will is partially invalid, the estate may be partially intestate. Intestacy can occur because no will was made, the will was revoked, or the will does not effectively dispose of all assets.
L
Letters of Administration
The court order issued when a person dies without a valid will (intestacy) or where the named executor cannot or will not act. Letters of administration appoint an administrator (usually the next of kin) to manage and distribute the estate according to intestacy rules. Like a grant of probate, letters of administration give the holder authority to deal with the deceased's assets.
P
Personal Representative
A general term covering both executors (appointed by a will and confirmed by a grant of probate) and administrators (appointed by the court where there is no will or no executor available). The personal representative is the person legally authorised to administer the deceased's estate — collecting assets, paying debts, and distributing to beneficiaries.
Power of Attorney
A legal document by which one person (the principal) appoints another person (the attorney) to make financial or personal decisions on their behalf. An enduring power of attorney continues to operate even if the principal loses capacity — this is what makes it particularly relevant in elder abuse and estate dispute contexts. Misuse of a power of attorney to deplete assets before death can significantly affect the estate and may give rise to legal claims.
Probate
The legal process of proving a will in court and obtaining a formal grant that confirms the will's validity and the executor's authority. Probate is generally required when the deceased held assets in their sole name — particularly real estate or significant financial accounts. The probate process involves submitting the original will, an inventory of assets and liabilities, and supporting affidavits to the Supreme Court registry.
R
Revocation
The act of cancelling or making a will no longer legally effective. A will can be revoked by making a later valid will (which typically includes a revocation clause), by making a written declaration of revocation executed with the same formalities as a will, or by destroying the will with the intention of revoking it. Marriage generally revokes a will unless the will was made in contemplation of that marriage. Divorce does not revoke the entire will but revokes any gift to the former spouse and their appointment as executor.
S
Suspicious Circumstances
A legal doctrine in probate law where circumstances surrounding the making of a will raise a suspicion that the will may not reflect the will-maker's true intentions. When suspicious circumstances are shown, the burden shifts to the person seeking to prove the will to establish that the will-maker knew and approved its contents. Suspicious circumstances can include: the will being prepared by a major beneficiary, the will-maker being isolated or vulnerable, or the will being radically different from previous testamentary intentions.
T
Testamentary Capacity
The legal standard for whether a person had sufficient mental ability to make a valid will at the time the will was executed. The classic test from Banks v Goodfellow (1870) requires that the will-maker: understands they are making a will and its effect, understands the nature and extent of their property, comprehends the claims of those who might expect to benefit, and is free from any disorder of the mind that would influence their testamentary decisions. Capacity is time-specific — it is assessed at the moment the will was made.
Testator
The person who makes a will. The term applies to the will-maker during their lifetime and after death when referring to their testamentary acts. A female will-maker is sometimes referred to as a testatrix, though testator is now commonly used for all will-makers regardless of gender. The testator must have testamentary capacity and must make the will voluntarily — free from undue influence or coercion.
U
Undue Influence
In probate law, undue influence means coercion that overbears the will-maker's free will — the will-maker makes the will not because they genuinely wish to, but because another person's pressure has deprived them of the ability to make a free choice. It is distinct from mere persuasion, advice, or family pressure. The person alleging undue influence generally bears the burden of proving it, and the evidence required is substantial. Undue influence is one of the most difficult grounds on which to challenge a will.
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