The phrase “cum testamento annexo” is Latin for “with the will annexed.” The phrase is usually used to describe an administrator of an estate. An administrator cum testamento annexo is an administrator of an estate in which there is a will....
trusts, inheritances & estates
curtesy
Curtesy is an outdated term that refers to the portion of an estate a husband is entitled to upon the passing of their spouse. If a person passes intestate, the surviving husband would be entitled normally to a life-estate to all of their...
cy pres doctrine
The cy pres doctrine is used by courts to distribute charitable gifts when the intended beneficiary of the gift is unavailable or the bequest is no longer feasible. The term “cy pres” essentially means “as near as possible.” Rather than...
cy pres: charitable trusts
Cy pres is a legal doctrine that means "as near as possible.”
When a person creates a charitable trust, the express charitable purpose of the trust may become impossible to fulfill. Rather than terminating the trust, the...
deadhand control
Deadhand control refers to individuals controlling how their property will be used after their death through different mechanisms. Historically, deadhand control has been criticized and limited as wealthy individuals attempted to make their...
death beneficiary
A death beneficiary is the person who is conferred a benefit upon the death of another, usually through a will or trust.
[Last updated in September of 2022 by the Wex Definitions Team]
death benefit
Death benefit refers to the assets a designated person receives when the holder of a life-insurance policy or pension account passes. The beneficiary may receive the assets as a lump-sum or it may be paid out incrementally according to the...
death taxes
“Death taxes” is a pejorative term used to refer to taxes imposed on an individual’s property after their death. There are two specific kinds of “death taxes:” estate taxes and inheritance taxes. An estate tax refers to a tax on a decedent’s...
deceased
The deceased–more commonly referred to as the decedent in a legal context–is a person who has died. This is the central person in the law of estates and trusts. All of the deceased’s assets become a part of their estate. If the deceased established a...
decedent
Decedent is a term that is generally used in the law governing estates and trusts, in reference to a person who has died. Decedents have rights that continue after their death and the authority to take certain actions/make certain decisions...