My elderly friend is being bothered by her children fighting about her property. She has asked me about making a will. What do all the legal terms mean?

A will is a legal document that sets out your wishes concerning the distribution of your property and possessions when you die.

• The maker of a will is called a "testator".
• If you die without leaving a will, you are said to have died "intestate". If you die intestate, the law then deals with the way your assets and possessions will be distributed. Generally, the rules set out an exhaustive list of alternative scenarios that deal with a surviving spouse and children and possibly a surviving adult interdependent partner. If there is no spouse, no children, and no adult interdependent partner, the estate goes (in order) to surviving parents, siblings, nephews and nieces, and next of kin.
• The property and possessions that you leave when you die are described as your "estate".
• When you make a will, you can appoint one or more persons to look after your estate. This person is called an "executor".

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January 2006

see also:

• More Abuse of Older Adults FAQs

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