Living Will, Forms of Property Interests, Intestacy and Probate
DMC Donatio Mortis Causa (lat.)
Administrator: in an intestacy, an individual who has been appointed by the courts to administer the estate of the deceased, with duties similar to an executor or personal representative.
Bequeath: to make a gift of personal property.
Collateral Heirs: the brothers, sisters, nieces, nephews (including grandnieces and grandnephews) of the deceased.
Designated Beneficiary: See named beneficiary.
Donatio Mortis Causa: a gift made in contemplation of death and conditional upon it, such that the transfer is not made until after death.
Executor: someone named in a will to act as the legal representative to handle a deceased person’s estate.
Four Unities: the four elements that must exist before a joint tenancy is created: unity of possession, unity of interest, unity of time and unity of title.
Inter Vivos Gift: a gift made during the lifetime of the donor.
Intestacy: an estate of a deceased who died without a will.
Intestate: dying without a will, also a person dying without a will.
Non-estate Asset: an asset that does not fall within the control of the estate cannot be controlled through a will and is not subject to probate.
Per Capita: for each person divided equally among all.
Per Stirpes: for each person from whom a family or family branch descends.
Personal Care Decisions: decisions related to those aspects of daily life that are necessary for maintaining your health and well-being.
Personal Representative: see Executor.
Probate: the process whereby a provincial court certifies the validity of a will, if there is one, and confirms the authority of the personal representative, or administrator in the case of intestacy, to administer the estate.
Sole Ownership: of an asset, means that an individual has ownership and control to the property, both during life and upon death through the designation of a beneficiary or the provisions of a will.
Testacy: an estate left by a deceased who had a will. Also called a testate estate.
Testate Estate: see Testacy.
Unity of Possession: one of the four unities required to form a joint tenancy. Each co-owner must have an equal interest in the property. If one of the co-owners subsequently sells a portion of his interest in the property, the unity of interest will be violated and the joint tenancy (presuming one existed) will revert to a tenancy in common.
Unity of Time: one of the four unities required to form a joint tenancy. All co-owners must receive their interests at the same time.
Unity of Title: one of the four unities required to form a joint tenancy. All co-owners must acquire their interest from the same instrument (e.g., by will or by a transfer of deed).