Legal Definitions - administrator with will annexed

An administrator with will annexed refers to an individual appointed by a court to manage and distribute the assets of a deceased person's estate according to the instructions in their will. This appointment becomes necessary when a valid will exists, but either it does not name an executor, or the person originally named as executor is unable or unwilling to fulfill the role. Essentially, this court-appointed administrator steps into the shoes of an executor, taking on all the legal duties and responsibilities to ensure the deceased's wishes, as expressed in their will, are carried out.

• Example 1: Executor Predeceases the Testator

  Mr. Henderson drafted a will several years ago, naming his sister, Sarah, as the executor of his estate. Tragically, Sarah passed away unexpectedly a few months before Mr. Henderson did. When Mr. Henderson later died, his will was discovered, but there was no living executor to carry out its terms.

  Explanation: In this situation, the court would appoint an administrator with will annexed. This person would then be legally empowered to gather Mr. Henderson's assets, pay any outstanding debts, and distribute the remaining property to the beneficiaries exactly as specified in Mr. Henderson's will, even though Sarah, the original executor, is no longer available.

• Example 2: Executor Refuses to Serve

  Ms. Chen's will designated her estranged son, David, as the executor. After her passing, David informed the family and the court that he had no interest in managing his mother's estate due to their difficult relationship and his own busy schedule, formally declining the role.

  Explanation: Since David, the named executor, refused to serve, the court would need to appoint an administrator with will annexed. This administrator would then be responsible for executing Ms. Chen's will, ensuring her assets are managed and distributed according to her wishes, despite David's unwillingness to act.

• Example 3: Will Fails to Name an Executor

  When Mr. Davies passed away, his family found a handwritten document that clearly outlined his wishes for distributing his property to various charities and relatives. However, the document, while legally valid as a will, did not name anyone to oversee the process of carrying out these instructions.

  Explanation: Because Mr. Davies's will did not specify an executor, the court would appoint an administrator with will annexed. This individual would then be tasked with following the instructions laid out in Mr. Davies's will, ensuring that his charitable donations are made and his relatives receive their inheritances as he intended.