Legal Definitions - cum testamento annexo

The term cum testamento annexo is a Latin phrase that translates to "with the will annexed." It describes a specific type of administrator appointed by a court to manage the estate of a deceased person.

This appointment becomes necessary when a person has died leaving a valid will, but the individual originally named in that will to serve as the executor is unable or unwilling to fulfill their duties. In such circumstances, the court appoints an administrator cum testamento annexo to step in and ensure that the deceased's wishes, as outlined in their will, are properly carried out and the estate is distributed accordingly.

Here are some examples illustrating when an administrator cum testamento annexo might be appointed:

• Executor Predeceases the Testator:

  Imagine Sarah wrote a will designating her brother, Mark, as the executor of her estate. Tragically, Mark passes away several years before Sarah does. When Sarah eventually dies, her will is valid, but the person she named to execute it is no longer alive.

  This illustrates the term because a court would then appoint an administrator cum testamento annexo to manage Sarah's estate and ensure her assets are distributed precisely as specified in her will, since the original executor is unavailable.

• Executor Declines to Serve:

  John's will named his long-time friend, David, as his executor. After John's death, David reviews the responsibilities involved and realizes he lacks the time, expertise, or emotional capacity to handle the complex legal and financial duties of an executor. He formally informs the court that he declines the appointment.

  This illustrates the term because despite the existence of a valid will, the named executor has refused the role. The court would therefore appoint an administrator cum testamento annexo to administer John's estate according to the terms of his will.

• Executor is Disqualified or Incapacitated:

  Maria's will named her eldest son, Carlos, as her executor. However, after Maria's passing, Carlos suffers a severe stroke that leaves him mentally incapacitated and unable to make sound legal or financial decisions. A court determines he is legally unfit to serve as an executor.

  This illustrates the term because even though Maria left a will and named an executor, that executor is now legally disqualified from serving. An administrator cum testamento annexo would be appointed by the court to manage Maria's estate and carry out the instructions in her will.