A
Absolute Offence
A criminal offence that needs no ‘intent’ – eg speeding
Absolute Trust
Fixed conditional gift (as opposed to eg Discretionary Trust)
Actus Reus
An action within a criminal act (as opposed to mindset ‘mens rea’)
Administrator
A criminal offence that needs no ‘intent’ – eg speeding
Advocate
A lawyer who specialises in court work
Affidavit
A document ‘sworn’ to be true in front of Commissioner for Oaths
Allegation
Claim made against someone (often suggesting wrongdoing)
ADR
Alternative Dispute Resolution – mediation
Age Discrimination
Discrimination in the workplace related to age
Ancillary Relief
Financial arrangements in divorce proceedings
Apprentice Solicitor
A form of qualification gained through largely ‘on the job’ training to becoming a solicitor
Arbitration
Independent dispute resolution (other than court)
Article Clerk
Historical name for a trainee solicitor (modern version being apprentice solicitor)
Asset
Often used to describe things owned in context of Probate (house/investments/etc)
Attestation Clause
The witness/signature section of a Will
Attorney
Appointed under a Lasting Power of Attorney to help with someone’s affairs
AST
Assured Shorthold Tenancy (rental agreement)
B
Bare Trust
Contingent gift which is fixed (like absolute trust)
Barrister
A type of lawyer – often associated with advocacy in UK courts
Beneficiary
A recipient of a gift in a Will
Bequest
A gift (often in a Will)
C
Case Law
Law created by the Courts rather than Parliament (Statutory Law)
Cash Legacy
A fixed cash gift in a will
Certificate Provider
LPA – someone certifying the donor is of sound mind (amongst other things)
Chain
Conveyancing – linked transactions
Chambers
A group of Barristers who work together
Charity Exemption (IHT)
Tax free allowance for IHT for gifts passing in a will to charities
Chattels
Personal items (phrase used in will drafting)
Civil Law
Law other than matters of criminal law – eg debt, breach of contract, etc
Claimant
The person bringing a claim to Court
Class of Beneficiaries
Discretionary Trusts – group of beneficiaries without a specified interest
Clearance Certificate
Official sign off from HMRC (IHT & income tax eg in Probate matters)
Client
Person ‘instructing’ a solicitor to do legal work on their behalf (eg conveyancing, wills, employment law)
Compensation
An award usually in recognition of a loss, suffering, or injury
Completion
Conveyancing – the day on which the sale is finalised (follows exchange of contracts)
Completion Statement
Statement provided by your solicitor in conveyancing to show balance of funds
Compus Mentus
Of sound mind
Constructive Dismissal
Loss of employment deemed to have been forced by the employer
Contingent Interest
An interest (eg in will) dependent upon a specified contingency (eg age)
Contract
Legally binding agreement (often in writing)
Contract of Employment
A contract relating specifically to the terms of employment
Contract Pack
Conveyancing – will include draft contract, and sellers information forms
Conveyancer
Lawyer who specialises in property law (‘conveyancing’)
Conveyancing
The legal process of buying and selling land and property in England & Wales
Copyright
Prevents others from using your work
Counsel
Alternative name for a barrister
County Court
Court in England & Wales dealing with civil law (not crime)
Court of Appeal
Highest Court dealing with appeals from other courts
Court of Protection
Deals with the welfare of individuals (see LPA and Deputy)
CPS
Crown Prosecution Service – deals with criminal prosecutions
Crown Court
Deals with serious criminal cases
Custodial Sentence
Punishment of imprisonment
D
Damages
Another word for compensation
Decree Absolute
Final order in divorce proceedings confirming end of legal marriage
Decree Nisi
Interim order in divorce proceedings (see also decree absolute)
Deed of Variation
Wills/Probate – allows a beneficiary to change or relinquish their interest
Deeds
Conveyancing – referring to historical proof of ownership
Deposit
Conveyancing – 10% paid on exchange of contracts
Deputy
Appointed by the Court of Protection when capacity already lost
Disbursement
Conveyancing – referring to payments to third parties, eg search fees
Disciplinary Policy
Employment – Setting out Disciplinary Process. See Staff Handbook/Office Manual
Disciplinary Process
The process to be followed when managing employee performance
Discretionary Trust
A trust without specified entitlement. See also class of beneficiaries
Discrimination
Employment – unfair treatment due to sex, race, age, and others
Dismissal
Termination of a contract of employment
Divorce
Termination of legal marriage
Domicile
Deemed permanent home – particularly relevant for Inheritance Tax (IHT)
Donor
LPA – person making a Lasting Power of Attorney
Duress
Inappropriate pressure forcing someone to do something against their will
E
Employment Rights
Laws protecting employees – for example against unfair dimissal
Employment Tribunal
‘Court’ specifically dealing with claims around employment disputes
Engrossment
The final version of a legal document
Environmental Search
Conveyancing – search relating to flooding, contamination, and other
EPA
Enduring Power of Attorney
ESG Policy
Environmental Social & Governance policy (of an organisation)
Estate
Probate – referring to the affairs of a deceased
Estate Planning
Refers to matters such as making a will, LPA, and IHT planning
Evidence
Facts to prove something
Exchange of Contracts
Conveyancing – the point at which buyer and seller become legally bound
Executor
The person appointed in a Will to deal with an estate
F
Family Law
Dealing with legal issues around the family including divorce, financial settlements and childcare.
Fine
Financial penalty imposed in law
G
Grant of Probate
Gives formal authority for executors to deal with an estate
GroB
Gift with reservation of benefit (in IHT context)
Grossing Up
Referring to calculation of IHT across an estate
Grievance Policy
Employers policy for dealing with performance management of staff
Grievance Procedure
The procedure to be followed (set out in Grievance Policy)
Guardian
Appointed in a Will to take care of minor children of a deceased parent
H
High Court
Dealing with high value/importance civil cases (senior to County Court)
HMLR
His Majesty’s Land Registry
HMRC
His Majesty’s Revenue & Customs
I
IHT
Inheritance Tax
ILEX
Institute of Legal Executives
Inns of Court
4 ‘groups’ to which all barristers belong (one). They are Gray’s Inn; Inner Temple; Lincoln’s Inn; and Middle Temple
Inter Vivos
Latin phrase meaning ‘when alive’
Intestate
Die without a will
Inter Alia
Latin phrase meaning ‘among other things’
Interest in Possession Trust
Often referred to as a ‘life interest trust’ it allows a beneficiary to ‘enjoy’ an asset for a period without them owning it outright (eg live in a house)
J
Joint & Several
Together and/or separate
Joint Tenancy
Passing on death to surviving owner(s) (often referenced to conveyancing)
Judge
Decides cases in court of law
Jury
Group of people chosen to decide guilt in a criminal court. Few civil matters will have a jury, with the exception of libel and slander.
K
Kings Counsel (KC)
A senior lawyer (usually barrister) awarded ‘silk’ referring to a gown that is made of silk that they must wear in court. Until the death of the late Queen the phrase was Queens Counsel or QC
L
Land Registry
HMLR – where details of all Land/property are registered in England & Wales
Law Society
Professional body for Solicitors
Lawyer
Generic name for anyone practising in law
Legacy
A fixed gift in a Will (as opposed to a share in the residuary estate)
Legal Executive
A particular type of lawyer (belongs to ILEX)
Legal Ombudsman
Official body for overseeing consumer complaints in legal services
Legatee
Person receiving a legacy under the terms of a will
Legislation
Laws passed by Parliament
Lender
Conveyancing – a mortgage company
Letters of Administration
The equivalent to Probate but where there is no will (intestacy)
Liability
Term to describe where ‘blame’ lies in a legal dispute
Life Interest Trust
Also know as an Interest in Possession or IIP trust
Life Tenant
The person benefitting from an IIP/Life Interest Trust
Litigation
A dispute being dealt with by lawyers
Litigator
A lawyer who specialises in litigation
Litigant in Person
Someone representing themselves in a litigation case (ie without a solicitor)
Local Search
Conveyancing – search looking at things such as planning, roadways, and so on
LPA
Lasting Power of Attorney
M
Magistrate
Persons adjudicating criminal cases in the Magistrates Court
Maternity Leave
Leave permitted by law around the birth of a child
Mediation
A process used in legal matters to try to cut short litigation without a Court hearing
Mining Search
Conveyancing – a search to establish
Minor
Person under 18 years of age
Mirror Will
‘matching’ wills made by a couple that reflect the terms of each other
Misconduct
Employment law – an act deemed inappropriate in the workplace
Money Laundering
‘cleaning money’ gleaned from illegal activities through legitimate businesses
Mortgage
A loan secured against property (see also lender)
N
NDA
Non Disclosure Agreement (keeping stated facts or views confidential)
Nil Rate Band
Inheritance Tax (IHT) – tax free threshold
Notary
Lawyer recognised across multiple jurisdictions
O
Oath
A legal document ‘sworn’ to be true
Office Manual
Employment Law – where a business sets out its employee policies
OPG
Office of the Public Guardian (oversee LPA’s)
P
PACE
Police & Criminal Evidence Act 1984 – significant legislation dealing with the powers of the Police v the rights of individuals
Paralegal
Someone providing legal support to qualified lawyers
Patent
Legal licence protecting an invention (from others copying it)
Personal Representatives
Generic term describing executors/administrators dealing with an estate
Per Stirpes
Wills – Latin phrase meaning ‘by roots’ or ‘by branch’ whereby the descendants of a deceased beneficiary take in substitute of their late parent
PET
IHT – Potentially Exempt Transfer
Preferences
Lasting Power of Attorney (LPA) – asking attorney’s do certain things (without seeking to bind them)
Prima Facie
Latin phrase meaning ‘at first sight’
Pro Bono
Free legal work
Probate
Court order granting authority for executors to deal with the administration of an estate. Also used to describe the process of administering an estate
Proceedings
Court action
Pupillage
The ‘on the job training’ of becoming a barrister. Lasts 12 months.
Q
Quantum
Referring to the ‘amount’ of a compensation award
Queens Counsel (QC)
A senior barrister known also as a ‘silk’. Now a KC (King’s Counsel) since the death of the late Queen
R
Race Discrimination
Being treated unfairly in the work place due to race
Re Benham
IHT rules of ‘grossing’ up where IHT is shared across all beneficiaries, even though one or more residuary beneficiary is an exempt beneficiary (eg a charity). See otherwise Re Ratcliffe
Redundancy
Loss of job where an employer no longer requires previous workforce
Remaindermen
The ultimate beneficiary of an interest in possession trust (IIP) following the death of the ‘life tenant’
Replacement Attorney
Lasting Power of Attorney – replacing the first appointed attorney
Report on Title
Conveyancing – prepared by buyer’s solicitor considering all aspects of the conveyance
Re Ratcliffe
IHT calculation where there are exempt residuary beneficiaries, and the IHT burden is to be calculated against the non exempt beneficiaries only. See in contrast Re Benham
Residence Nil Rate Band
Inheritance Tax (IHT) an additional exemption for married couples relating to the family home where it is to pass to direct descendants
Residuary Beneficiary
A person benefiting from a share of the residuary estate under a Will
Residuary Estate
‘Everything else’ of an estate after payment of expenses and any cash legacies
Restrictive Covenant
Employment – seeking to bind a former employee after they have left their job (eg from acting for customers of the former business)
Revocation Clause
Wills – the clause which ‘cancels all former wills’
Rights of Audience
Refers to the courts in which lawyers are (and not) permitted to appear as advocates
Right of Survivorship
Where a joint tenant dies and their share in a property passes automatically to the other joint owners immediately upon death and irrespective of the terms of any will
S
Searches
Conveyancing – including Local Search; Environmental Search; and Water & Drainage Search
Sellers Information Forms
Conveyancing – TA6 TA10 and others completed by buyers and forming part of the Contract Pack which the buyer’s solicitor prepares at the start of a conveyance
Settlement Agreement
Employment Law – a legally binding agreement between employer and employee giving a clean break from contractual rights/claims both ways
Sexual Discrimination
Unfair treatment in the workplace around your sex
SDLT
Stamp Duty Land Tax (paid on house purchase)
Sentence
The punishment decided in a criminal case – may be custodial or otherwise
Silk
Name for a senior barrister (Kings Counsel or KC)
Solicitor
A type of qualified lawyer regulated by the Solicitors Regulatory Authority (SRA)
Spouse Exemption
IHT (Inheritance Tax) exemption – gifts to a married spouse being free of IHT
SRA
Solicitors Regulatory Authority – oversee regulation of solicitors
Staff Handbook
Also known as Office Manual where a business will include their firm policies re staff such as Disciplinary Process and Grievance Procedure
Statute
Law passed by Parliament
Stay in Proceedings
Where the normal timetable for Court action is (temporarily) put on hold
Substitute Attorney
Lasting Power of Attorney (LPA) – alternate attorney(s)
Summons
Notice of Court action from County Court/Magistrates Court
Survey
Conveyancing – formal report from surveyor on a property
Swear
Formalising a legal document ‘before’ of a Commissioner for Oaths
T
Tenancy in Common
Type of joint ownership of land (as against Joint Tenancy)
Testamentary
Relating to a will (eg a legacy – a ‘testamentary gift’)
Testator
The person making a Will
Testify
Give evidence as a witness in court
The Bar Council
Professional body for barristers
Theft
Dishonest appropriation of property belonging to another with the intention of permanently depriving them of it.
Title
Evidence of the legal ownership of land
Title Report
Conveyancing – prepared by buyers solicitor to explain to them (the buyer) what it is they are purchasing
Tort
A ‘wrong’ in civil law that does not fall into the realms of contract law
Trademark
Registered or established use of word or symbol to represent company or product
Trainee Solicitor
A ‘junior solicitor’ in final stage of training (‘on the job’) before enrolled as fully qualified solicitor
Training Contract
The two year period by a ‘Trainee Solicitor’ before qualifying as a solicitor
Trespass
Unlawful presence on land
Trial
Formal court hearing hearing to decide liability in a civil case, and guilt in a criminal matter
Tribunal
A body to establish certain types of disputes
Trust
A legal arrangement to deal with assets. Examples being discretionary trusts;
Trustee
Interest in Possession Trusts; and Bare Trust
TUPE
Transfer of Undertakings (Protection of Employment)
U
Ultra Vires
Beyond ones legal powers
Undertaking
Formal ‘promise’ made by one solicitor to another solicitor. Breaching an undertaking is a serious professional misconduct issue for solicitors and so they are treated with great importance
Unfair Dismissal
Employment – dismissal from job without lawful reason
Unlawful
An act contrary to the legal framework (can be used in relation to both criminal and civil law)
V
Valuation
Probate – referring to the worth of assets on death for probate and IHT purposes
Vendor
Conveyancing – seller
Verdict
The decision of a Court (Jury or Judge) following a trial
Vexatious (litigation)
Litigation brought without merit or prospect of success
Vicarious Liability
Legal responsibility for the actions of other
W
Water & Drainage Search
Conveyancing search made by buyer regarding mains water and drainage
Whistleblowing
An employee who reports certain types of wrongdoing in the workplace
Will
Testamentary document confirming our wishes on death
Without Prejudice
Discussion in law which are ‘off the record’ and can not then form part of the evidence of either party at a subsequent court hearing
X
Y
Your Honour
The correct way to address a Judge in Court