Legal Definitions - administration with the will annexed

Administration with the Will Annexed

This legal term refers to a specific situation in estate management where a person has died leaving a valid will, but the executor named in that will is unable or unwilling to carry out their duties. In such cases, a court will appoint an individual, known as an administrator with the will annexed, to manage and distribute the deceased person's estate according to the instructions laid out in the will.

This process ensures that the deceased person's wishes, as expressed in their will, are still honored, even if the original executor cannot serve. It differs from standard probate, where the named executor serves, and from general administration, which occurs when there is no will at all.

Here are some examples:

• Executor Predeceases the Testator: Imagine Ms. Eleanor wrote a will naming her trusted friend, Robert, as her executor. Tragically, Robert passed away a year before Ms. Eleanor did. When Ms. Eleanor dies, there is a valid will, but the named executor is no longer alive to fulfill the role. A court would then appoint an administrator with the will annexed to manage Ms. Eleanor's estate according to the terms of her will.

• Executor Declines to Serve: Mr. Davies' will clearly stated that his daughter, Lisa, should be the executor of his estate. After his passing, Lisa, feeling overwhelmed by grief and her own demanding career, informs the court that she is not prepared to take on the complex responsibilities of managing her father's estate. Despite being named in the will, her refusal to serve means the court must appoint another individual as an administrator with the will annexed to ensure Mr. Davies' wishes are still carried out.

• Executor is Disqualified or Incapacitated: Consider a scenario where Mrs. Rodriguez's will designated her eldest son, Marco, as the executor. However, at the time of her death, Marco had recently been declared legally incapacitated due to a severe illness, making him unable to manage legal and financial affairs. Because the named executor is legally unable to perform the duties, the court would appoint an administrator with the will annexed to manage Mrs. Rodriguez's estate according to the instructions in her will.