ABATEMENT

The failure of a bequest (in whole or in part) due to insufficiency of assets after debts.

ADEMPTION

The failure of a specific bequest because the bequested object no longer exists.

ADMINISTRATION

The collection of estate assets of the deceased, payment of outstanding debts, including funeral expenses and taxes (if any) and distribution of the remaining estate to beneficiaries.

ADULT

In Alberta, a person 18 years of age or older is an adult.

AFFIDAVIT

A sworn written document of fact, sworn or affirmed by the person who made the statement before an official, such as a notary public or a commissioner of oaths, where the person swearing the information and the official both sign the document.

AISH

The short name for the Assured Income for the Severely Handicapped program. AISH provides financial and health-related assistance to eligible adults with a permanent disability.

AISH BENEFITS PROGRAM

A voluntary program administered by the Office of the Public Trustee to help those who receive AISH to manage their money. See also Primary Contact Person and a href="/public_trustee/glossary.aspx#instruction">Instruction Form.

BENEFICIARY

A person entitled to receive a share of the estate.

BEQUEST

Money or personal property given as a gift through a Will.

CODICIL

A document that changes an existing Will.

DEPENDANT ADULT

A person in respect of whom a guardianship order is in effect, or a trusteeship order is in effect, or both a guardianship and trusteeship order are in effect, under the Dependent Adults Act.

DONOR

Someone who gives control or a gift or someone who appoints an attorney under a power of attorney or an enduring power of attorney.

ENDURING POWER OF ATTORNEY

A legal document used to give someone else the power to make legal and financial decisions for a person even after that person becomes mentally incapacitated.

EXECUTOR

The person named in a Will to administer the estate of a deceased person.

GRANT

A document issued by the Court that confirms the appointment of a personal representative, giving them the authority to administer the estate.

GUARDIAN

Someone who is legally entrusted to manage somebody else’s personal affairs, especially those of a minor.

IN SPECIE

A term that describes how a deceased person’s assets are to be distributed – meaning that they cannot be sold and distributed as cash, but must be given out “as is.”

INSTRUCTION FORM/BUDGET

A form used in the AISH Befits Administration Program that tells the Office of the Public Trustee how dependent adults want their AISH money spent – rent, utilities, grocery money, spending money etc.

INTESTATE / INTESTACY

When a person dies without a Will.

LAPSE

When a bequest cannot be honored because the person who was to receive the bequest has died before the person who made the will.

LEGATEE

The a beneficiary of a specific bequest.

MINOR

Anyone under the age of 18 including an unborn child is a minor.

NEXT-OF-KIN

The spouse or children of a deceased person, or the relatives of the deceased person entitled to share in the estate.

OFFICE OF THE PUBLIC TRUSTEE

An office staffed with lawyers and administrators dedicated to undertaking the duties of the Public Trustee.

PERSONAL REPRESENTATIVE

Appointed by the Court to administer the estate of a deceased person who died without a Will, or an executor named in a Will to administer the estate of a deceased person, appointed or approved by the Court.

POWER OF ATTORNEY

A legal document giving one person the legal authority to make decisions for another person about property and finances.

PRIMARY CONTACT PERSON

A person in the Office of the Public Trustee that will help a person who receives money from AISH set up a budget plan and help make sure the AISH program has all the information it needs.

PROBATE

The legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person’s property as detailed in a valid will.

PROGRAM CONTACT PERSON

A representative for the AISH Benefits Administration Program.

PUBLIC TRUSTEE

An official who protects the legal and financial rights of adults who are not mentally competent, die without wills but have minor heirs, and minors who are entitled to property worth more than $5,000.

RENOUNCE

To give up the right, in writing, to become the personal representative.

RESIDUE

Part of the estate to be distributed after fees, liabilities and specific bequests have been paid.

RESIDUARY BENEFICIARY

A person entitled to a part or all of the residue of the estate.

SPECIFIC BEQUEST

A specific item or amount of money left to a beneficiary in a Will.

TESTATE

When a person dies leaving a Will.

TESTATOR

A male adult who makes the Will.

TESTATRIX

A female person who makes the Will.

TRUST AGREEMENT

An agreement signed by a person receiving AISH who wants to be part of the AISH Benefits Administration Program. It is a legal document that explains exactly who does what.

TRUSTEE

Someone who is given the legal authority to manage money or property on someone else’s behalf.

WILL

A legal, written declaration of a how a person wishes their property or estate to be divided and given out after their death which declaration complies with the requirements of the Wills Act.