Free Resources

Jargon Buster

Please scroll down for an A-Z glossary of legal terms including:

1. Residential Property

2. Family Law

3. Personal Injury

4. Employment Law

5. Wills & Probate

1. Residential Property

Absolute title	See title absolute
Abstract of title	A summary (usually by means of typed or photocopies) of the documents and facts showing ownership - used to prove title in cases (very few) when title is unregistered
Appurtenant	Belonging
Assignment	A disposal or transfer of property - the word is most commonly used in relation to the transfer of the benefit of a lease, which will be accomplished by a deed called 'an assignment'
Beneficial owner	A person owning land and entitled to it for his/her own benefit
Chancel repair liability	If a property is located within the boundaries of a tithe district (a sub-division of an historical parish) which has a continuing potential to charge for chancel repairs it may be subject to Chancel Repair Liability
Charge	A liability burdening land securing the payment of money, for example a mortgage
Commonhold	An alternative to the conventional method of owing flats and other interdependent properties under a lease. It is not a new estate in land but a new form of freehold ownership - see commonhold
Consideration	The amount of cash (or monies worth) of a transaction
Contract	A legal agreement between parties
Conveyance	Historically a document effecting the transfer of property from the vendor to the purchaser, this document is now referred to as a transfer
Counterpart	Particularly in relation to leases - it is common for a lease to be prepared in counterpart with the intention that the landlord and the tenant should each sign one copy and that these should then be exchanged. The part, or copy, signed by the person granting the lease is called the 'original', and the part signed by the tenant is called the 'counterpart'
Covenant	A promise given by a deed
Deed	Written or printed instrument (i.e. a document) effecting legal disposition. Documents which are signed/sealed
Easement	A right owned by one landowner over the land of another, e.g. a right of way
Estate	(a) in land - the extent of a person's ownership, e.g. freehold or leasehold; (b) of a deceased person - all the property owned by that person at his death
Execute	The signing of a document
Floating charge	A charge on all assets of a company which does not affect the company's power of disposal unless and until the charge crystallises, i.e. becomes payable
Freehold	Tenure (possession) by which land is held
Ground rent	See rent
Joint tenants	Co-owners of land - when one of them dies, his/her rights of ownership pass to the survivor(s) (contrast tenants in common)
Joint and several	Together as one, and also separately, e.g. of liability under a covenant
Leasehold	Land (or property) held under a lease
Lease	A contract by which a lessor, usually in consideration of rent, leases land and/or buildings to a lessee
Term of a lease	Length of a lease measured usually in years
Legal charge	A mortgage
Lessee	Holder of or tenant of a lease
Lessor	Person who grants a lease to a lessee
Local search	A search of a Local Authority ( i.e. council )
Mortgage	To give a lender (e.g. a bank, building society or an individual) important rights over property, including the power of sale, as security for a loan
NPV	An acronym for Net Present Value, a summation formula applied to the term of a lease, the annual rental and a discounting constant
Official copies	A term referring to physical (i.e. paper) copies of an entry on the Land Register produced by the Land Registry thus being 'Official Copies' (as opposed to copies being obtained via the internet for example)
Overriding interest	An interest of a third party in registered land which binds the owner even though there is no note of it on the Register, e.g. the rights of a person in actual occupation of the land
Particulars of sale	The descriprion of the property to be sold and the terms and conditions on which the sale is to take place, normally prepared by an Estate Agent
Power of attorney	Authority given by one person to another (the attorney) to act for him/her (e.g. to execute a deed) in his/her absence
Private treaty	A sale not by auction
Purchaser	The person or body (e.g. a Company) buying a property/lease
Register	Usually a reference to HM Land Registry - a government body that records property ownership throughout England and Wales
Registered title	Official record of ownership, covenants and charges held on the Register
Rent	A periodic payment in respect of land, e.g. (a) ground rent - the sum payable under a lease; (b) rentcharge - rent payable in respect of freehold property
Restrictive covenant	A promise under seal restricting the use of land - see covenant
Root of title	The document from which a vendor's ownership is traced
SDLT	An acronym for Stamp Duty Land Tax. A relatively new system of accounting for stamp duty (which has been raised on land dealings for many years) introduced by HM Government on 1st December 2003. A lengthy form (an SDLT1) describing the details of a property transaction which is normally filled out by a Solicitor acting as an agent for the purchaser which accompanies the payment of stamp duty to the Inland Revenue
Searches	Enquiries, usually made by a purchaser's Solicitor to find out what incumbrances affect a property
Stamp duty	A tax levied by HM Government on a transfer of property based on the consideration - for residential property at the time of writing this tax is calculated at 1% for property values between £125,001 and £250,000, 3% for values between £250,001 and £500,000 and 4% for those of £500,001 and up. Duty may also be chargeable on any rental charge (leases only) - this affects both residential and commercial leases where different thresholds are applied and is calculated using a complex NPV formula
Subject to contract	When an offer is made 'subject to contract' this means that either party is at liberty to decide not to go ahead with the transaction and, in so doing, will incur no liability
Tenancy	The temporary possession or holding by a tenant of land or property owned by another
Tenant	Person or body (e.g. a company) who occupies land or building under a lease
Tenants in common	Where two or more people are entitled, e.g. to the proceeds of sale in land, in distinct shares - on the death of one his/her interest will not pass to the survivor(s) but will be part of his/her estate (contrast joint tenants)
Tenure	The terms on which land is held e.g. freehold or leasehold
Title absolute	The highest quality of ownership in land recognised by the system of registration of title
Title	The evidence of a person's right to land
Transfer	The modern name for the conveyance, this document (also known as a TR1) describes various details about the transaction e.g. the land, the purchaser(s) and vendor(s), the consideration ...
Transferee	Body to whom a transfer is made
Transferor	Body making the transfer
Trust for sale	A trust which requires the trustees to sell the property. Co-owners of land will hold it as joint tenants on trust for sale (but with power to postpone sale) perhaps for the benefit of themselves as joint tenants
Trust	Where property is transferred to a person on the understanding that he/she will apply it for some particular purpose e.g. 'to A on trust for my wife and daughter'
Unregistered title	A person proves his/her ownership by producing deeds
Vacant possesion	A term used to describe property being sold free from any leases or tenancies
Vendor	The person or body (e.g. a Company) selling a property/lease
Will	The declaration of a person's wishes regarding the disposal of his/her property after his/her death

2. Family Law

Acknowledgement of Service	When the court posts the divorce papers to the Respondent, he or she has to fill in a simple form, called the Form of Acknowledgement of Service, to confirm that they have received and read the papers. This form then has to be signed and sent back to the court office
Affidavit	An affidavit is a statement telling the court that everything in your divorce petition is true and accurate, and it is a sworn statement. You have to take it to another solicitor, or a Commissioner for Oaths, who will ask you to sign it, say a form of words and will then witness your signature. The affidavit is the same thing as giving evidence on oath, without having to go to court
CAFCASS	CAFCASS is the Children and Family Court Advisory and Support Service. A CAFCASS officer focuses on the needs and well-being of children involved in divorce cases. These social workers prepare reports regarding the children and in the event of a disputed child proceeding, they advise the Court on the best option for the child.
Civil Partnership	This is a legal union between a same-sex couple, giving them the same legal rights as their heterosexual counterparts
Consent Order	If the parties agree on who gets what after a divorce, you can apply to the court for a financial and property order, without the need for a court hearing. The consent order usually contains a ‘clean-break’ clause, and this means that it is final and binding, and prevents either party from making any further claims against the other for life, or against their estate should anything happen to them. This is known as a clean-break order
Contact Order	This order will specify that the ‘absent’ parent can see the children at all reasonable times, and may contain other provisions such as for ‘staying contact’ which allows for the children to stay with the other parent at regular intervals, often weekends and school holidays
Decree Nisi	Once your affidavit has been sent to the court, the Judge will read your petition, and all the other papers, and will in most cases send us a certificate to say that your divorce will be granted. The Judge will also fix a date for the Decree Nisi to be pronounced. This Decree is the first Decree, and you will have to wait another six weeks for the divorce to be finalised
Decree Absolute	This is the legal ending of the divorce. Once this has been granted, your marriage has been dissolved and you are legally single
Divorce	Divorce is the legal process for ending a marriage. The divorce itself does not include settling finances or arrangements for any children of the marriage
Domicile	Domicile is a legal point which takes into account where a person was born, where they are living now and where they plan to live. It is relevant in considering in which country you should apply for divorce.
Habitual residence	This refers to a person’s usual place of residence; the place with which they have a firm and established connection. It would normally be based on evidence of a reasonably long-term stay in that country together with other evidence of the individual's personal and professional life to demonstrate the continuity of the connection between that person and the place of residence
Marriage	Marriage is a legal contract between two individuals. It creates the concept of joint assets and liabilities
Mediation	This is an option for couples unable to reach agreements concerning their children and finances. A mediator assists the husband and wife in discussions of these topics.
Parental responsibility	This refers to the established rights and responsibilities a parent has for his or her child before, during and after the divorce proceedings
Petition	This is the main document in divorce proceedings. It contains factual details, such as the parties’ full names and addresses, the date and place of marriage and brief details of why the marriage broke down. The document also contains a request for the court to dissolve the marriage, and may also contain claims for maintenance, pension-sharing orders and orders concerning other assets of the marriage such as the house.
Petitioner	The party who files the petition at court is known as the Petitioner. This will be you, if you are bringing the divorce.
Prenuptial agreement	A prenuptial agreement is a document in which a couple set out their rights in relation to any property, debts, income and other assets purchased together or acquired individually (eg, through inheritance), or that they have bought into a relationship
Prohibited steps	This is a court order that specifies prohibited actions of the parents, such as moving out of the country or changing the child’s surname.
Residence order	This is the court order that indicates the living arrangements for the child.
Respondent	The respondent is the other party in the divorce. This will be you if your partner is the one filing for divorce.
Separation agreement	This is for couples who may or may not have been married but who intend to separate and want a legal document drawn up to confirm arrangements for their finances.

3. Personal Injury

Claimant	The person making the Claim
Claim Form	A Court document used to issue Court Proceedings against the at-fault third party
Contributory Negligence	A percentage of blame that may be alleged against you for partly causing the accident.
Damages	The compensation you may be entitled to receive
Evidence	What is required to prove any aspect of your personal claim, such as a medical report to prove your injuries
Excess	The amount you must contribute towards the cost of repairs to your vehicle if you are insured under a comprehensive policy. Your insurance company will pay the rest. The excess you pay is generally recoverable from the at-fault third party.
Insured Losses	Losses that are covered by your insurance policy, such as repairs to the insured vehicle
Legal Expense Cover	This may form part of your insurance cover or it may be a separate policy. It covers losses that are not covered by your standard insurance policy, such as personal injury.
Limitation Deadline	If you are over 18, you have three years from the date of the accident to either negotiate the settlement of a claim, or issue a claim form in either the County Court or High Court. If you are under 18 at the time of the accident, you have until your 21st birthday to do this
Litigation	The name of the legal process once you have issued a Claim form at Court.
Negligence	You must prove the other party owed you a duty of care, was in breach of that duty, and that the breach caused your injury or damage. The injury or loss must also be a foreseeable consequence of the breach. Even if the other party was only partly to blame, you may still be entitled to compensation
Third Party	This generally refers to the person whom you are claiming against. If you need to issue a Claim form, this person then becomes known as the Defendant.
Uninsured Losses	Losses that are not covered by your insurance policy, such as personal injury, excess, loss of earnings etc

4. Employment Law

ACAS	The Advisory Conciliation and Arbitration Service is a Government-funded public agency providing a conciliation and mediation service. ACAS provide assistance to employees, employers and their representatives to facilitate the settlement of Tribunal claims
Annual Leave	As an employee or a worker, if you work a five-day week, you are entitled to a minimum of 28 days per year including bank holidays.
Appeal	If you have been dismissed, you should seek to appeal against your dismissal, otherwise this could affect the amount of compensation you receive if your claim is successful
Discrimination	Direct discrimination is less favourable treatment on one or more of the prohibited grounds (race, sex, disability, age, sexual orientation or religious belief). You must show that your treatment was on those grounds and normally point to a comparator who would have been treated more favourably in the same circumstances. Indirect discrimination occurs for example when your employer applies a provision or practice to all its staff, but that provision or practice disproportionately impacts upon persons of a specific race including yourself.
Employment Tribunal	A special court of law in which most claims relating to employment issues are heard
ET1	A claim form used to lodge your claim with the employment Tribunal.
ET3	Your employer’s defence to your claim. The employer has 28 days from receipt of the ET1 (sent to them by the Employment Tribunal) to respond to your claim
Grievance	A letter to your employer detailing the matters you are complaining of (such as unlawful deduction of wages or a discriminatory act). In order to bring a claim to an Employment Tribunal for most claims (other than those relating to dismissal), you will first need to write to your employer detailing your complaint, then wait 28 days before submitting an ET1
Mitigating your Loss	If you are dismissed, you will need to satisfy the Employment Tribunal that you have made all reasonable attempts to find alternative work; including keeping a record of all job applications you have made, a record of any visits to the job centre and if you join an employment agency, a record of the initial appointment and any subsequent job offers
National Minimum Wage	The minimum amount your employer is obliged to pay you per hour (with effect from 1 October 2007 the minimum wage is £5.52 an hour for workers aged 22 and over).
Notice Pay	You are usually entitled to receive notice pay if your employer terminates your contract. The minimum period of notice after one month of service is one week for each complete year of service, to a maximum of 12 weeks for 12 years of service. Your employer may pay you in lieu of notice (PILON), which means that your notice is paid to you as an alternative to being given your full notice.
Respondent	Usually your employer – the person who will respond to your claim. If you are bringing a complaint of discrimination, this can also be a named individual who would normally be the alleged perpetrator of the discrimination.
Unlawful deduction from wages	If your employer holds back your pay for no reason, you may be able to bring a claim. You would first need to raise a grievance with your employer setting out your complaint

5. Wills & Probate

Administrator	If someone dies without a Will the people entitled to manage and settle the deceased's affairs are called administrators. The Rules of Intestacy dictate who the administrators can be
Affidavit	A statement in writing made upon oath
Assets	Assets are anything you own which has value; such as property, land, savings and investments, cash, cars and family heirlooms
Beneficiary	Someone who is named in a Will to receive inheritance from the estate.
Bequeath	This is to leave money or property to a beneficiary named in a Will.
Bequest	A gift of money or property in a Will.
Chattels	These are any personal belongings including cars, jewellery, collections and household items such as antiques, paintings, furniture etc
Civil partner	Someone with whom you have registered a same sex Civil Partnership with under the Civil Partnership Act 2004
Codicil	This is a legal document which can be used to make minor changes to a Will. To be valid the same formalities have to be adhered to as a Will.
Crown	Crown is another term for the government. If a person dies without making a Will and has no next of kin, ultimately the Crown will receive the whole estate.
Estate	Your estate includes your home, car, bank accounts, investments and anything else you owned in your sole name such as jewellery and household items. Anything you owned jointly will automatically pass to the surviving joint owner when you die.
Executor	An Executor is the person or people named in a Will to manage and administer an estate
Grant of Probate	This is the legal document issued to the Executors of the Will by the Probate Registry, granting them the legal authority to deal with a deceased's estate.
Guardian	The people nominated in a Will to look after any children under the age of 18 in the event of their parent's death.
Inheritance Tax (IHT).	The tax payable on an estate when someone dies. Everyone has an Inheritance Tax free allowance called the 'nil rate band'. The current 2010/2011 Inheritance Tax free allowance is £325,000 for individuals or £650,000 for married couples or civil partners. Inheritance Tax is payable at 40% on the value of the estate which exceeds the nil rate band
Intestate	This is the term used when someone dies without a valid Will in place. Without a Will, property and possessions held in the sole name of the deceased will be distributed according to the Rules of Intestacy. Jointly held assets will pass automatically to the surviving joint owner on death.
Issue	'Issue' are the children, grandchildren and remoter descendents of a person, whether born within or outside marriage, including adopted children.
Joint tenancy	This is a form of property ownership where all the joint owners own the property together. On the death of one owner, their interest passes to the remaining owner(s) by survivorship.
Letters of Administration	This is the legal document issued by the Probate Registry to the administrator of an estate of a person who has died Intestate
Life interest	A gift that gives someone the right to the income generated from an asset or the right to occupation of a property for the duration of their life, after which the asset or property passes to an alternative nominated beneficiary
Pecuniary gifts	These are gifts of a specific sum of money
Residuary Beneficiary	Someone nominated in a Will to receive the remainder of a deceased's estate after all other Beneficiaries have received their inheritance and all debts have been paid
Residue	This is the part of an estate which is left after the payment of all debts, funeral expenses, Inheritance, Income and Capital Gains Tax and specific and pecuniary gifts are paid.
Specific gifts	These are specific gifts which are either of financial or sentimental value for example a piece of jewellery, a stamp collection, household items or a car.
Rules of Intestacy	When someone dies without a Will (see Intestate), strict inheritance laws called the Rules of Intestacy apply. These rules determine who administers and who will inherit from the deceased's estate (see estate) and in what proportions.
Spouse	A spouse is a married partner (not a cohabitee).
Substitute beneficiary	This is a person who is named as an alternative beneficiary in case another beneficiary dies before the person making the Will.
Survivorship	When someone dies any jointly held assets, including property and savings passes automatically to the surviving joint owner by survivorship.
Tenants in Common	This is a form of property ownership where each joint tenant owns a separate share of the property. On the death of one of the part owners, their share passes to the Beneficiaries in line with the Will or the Rules of Intestacy
Testator (or Testatrix, if female)	This is the person who is writing the Will.
Trust	A legal arrangement where one or more people (Trustees) are made legally responsible for assets which are placed in the Trust for the benefit of the named Beneficiaries
Trustee	A Trustee is the person responsible for administering a Trust. This involves looking after property and/or assets for the benefit of the named Beneficiaries. Trustees have a duty to act in good faith, which means they cannot enrich themselves at the expense of their Beneficiaries.
Will	A Will is a legal document by which a person declares their intention as to what they would like to happen to their estate after their death.
Witness	A witness is someone who verifies the signing of a Will. A Will must have two witnesses who verify the signature of the testator (the person writing the Will). They must sign the Will in the presence of each other and the testator and must not benefit from the Will.