Wills, Estates and Trusts

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Glossary of Common Terms

Attestation : Witnessing a written instrument and signing it as a witness. 1

Beneficiary : A person entitled to receive a benefit under a trust or a will. 2

Codicil : A written document that makes a change or an addition to the will. It is executed by the testator, in accordance with the same formalities as a will. 2

Executor/Executrix : A person appointed in a will to administer the estate of the testator or testatrix. 2

Holograph Will : A will written completely in the handwriting of the person making it, having no witnesses to the signature of the testator.3

Intervivos Trust : A trust other than a testamentary trust. Created by writing a deed or oral declaration, a trust which is to take effect during the lifetime of the trust’s creator. 1

Intestate : The act of dying without a valid will. 2

Living Will : also referred to as personal directive. An instrument, signed with the formalities statutorily required for a will, by which a person directs that his or her life not be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme physical or mental disability. 4

Personal Directive : according to the Personal Directives Act (RSA 2000, c P-6, s 7) “A personal directive may contain information and instructions respecting any personal matter” – while some examples are set out in the Act, the list is not exhaustive.  There are certain requirements that must be met in order to qualify as a personal directive such as being in writing, being dated, signed and witnessed in accordance with the statute.

Personal Representative : The individual, either appointed in a will or appointed by the court, to administer and deal with the assets of an estate. 3

Probate – The process of “proving” a will. 3   The term has become a term of procedure describing the outcome of the court process wherein Letters Probate are granted verifying that a will has been proven.  In Alberta currently, the Rules of Court provide that an application for a grant of probate may be made (Surrogate Rule 10(1) (a)(i)) and the term Letters Probate is not used. 5

Surrogate Court : The court responsible for the appointment of personal representatives and generally involved with problems arising during the administration of estates. In Alberta it is a division of the Queen’s Bench. 3

Testamentary Trust: A trust that arises upon and in consequence of the death of an individual. 1

Testate: The act of dying with a will. 2

Testator : The name given to a man who makes a will. 2

Testatrix : The name given to a woman who makes a will. 2

1. Daphne Dukelow, The Dictionary of Canadian Law 4th ed. (Toronto: Carswell, 2011)
2. Jennifer Greenan, The Executor’s Handbook 5th ed.  (Toronto: CCH Canadian Limited, 2015)
3. Cheryl Gotslieb, Wills for Alberta (North Vancouver : Self-Counsel Press, 1998)
4. Black’s Law Dictionary 9th ed. (St. Paul, Minnisota : West, 2009)
5. Alberta Rules of Court, Surrogate Rules, Alberta Regulation 130/95 as amended, Court of Queen’s Bench Act