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Simple English definitions for legal terms
administrator with will annexed
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A quick definition of administrator with will annexed:
Administrator with will annexed: When someone dies and they have a will, they usually choose someone to be in charge of making sure their wishes are carried out. This person is called an executor. But sometimes, the will doesn't say who the executor should be, or the person chosen can't do the job. In these cases, a court will choose someone to be the administrator with will annexed. This person has the same powers and responsibilities as an executor, and their job is to make sure the person's wishes in the will are followed.
A more thorough explanation:
An administrator with will annexed is a person who is appointed by a court to carry out the wishes of a deceased person when there is no executor named in the will or the named executor is unable to fulfill their duties. This person takes on all the legal responsibilities and powers of an executor in administering the will.
John passed away and left a will, but he did not name an executor. The court appointed his sister, Mary, as the administrator with will annexed. Mary is now responsible for carrying out John's wishes as outlined in his will.
Another example could be if the named executor in the will is unable to fulfill their duties due to illness or death. In this case, the court may appoint an administrator with will annexed to take on the role of executor.
These examples illustrate how an administrator with will annexed is appointed by the court to ensure that the wishes of the deceased person are carried out in the absence of a named executor or when the named executor is unable to fulfill their duties.