Define: Administration With The Will Annexed

“Administration with the will annexed” refers to the legal process of administering an estate when the deceased person (testator) has left a valid will, but the appointed executor is unable or unwilling to fulfil their duties. In such cases, the court appoints an administrator to handle the estate.

Administration with the will annexed occurs when the named executor in a will is unable or unwilling to fulfil their duties, such as when they have passed away, renounced their role, or are otherwise disqualified.

The court appoints an administrator in administration with the will annexed. The appointment is typically made based on the priority list outlined in state probate laws, which usually includes the surviving spouse, children, or other close relatives.

The responsibilities of an administrator in administration with the will annexed are similar to those of an executor. They include gathering and managing the deceased person’s assets, paying debts and taxes, distributing assets to beneficiaries as per the will’s instructions, and handling any legal matters related to the estate.

Yes, the court has the authority to remove an administrator in administration with the will annexed if they fail to fulfil their duties or if there is evidence of misconduct or mismanagement. The court may then appoint a new administrator to take over the administration of the estate.

Yes, beneficiaries can challenge the appointment of an administrator in administration with the will annexed if they believe there are valid reasons to do so. They may need to provide evidence of the administrator’s unsuitability or present an alternative candidate for the court’s consideration.

The duration of administration with the will annexed can vary depending on the complexity of the estate, the cooperation of involved parties, and any potential legal disputes. It can take several months to a few years to complete the process.

Yes, an administrator in administration with the will annexed can be held personally liable for mistakes or mismanagement if they act negligently, fraudulently, or in violation of their fiduciary duties. Beneficiaries or creditors may file a lawsuit against the administrator to seek compensation for any losses incurred.

Yes, administrators in administration with the will annexed are generally entitled to reasonable compensation for their services. The specific amount is usually determined by state laws or the court, taking into account the complexity and size of the estate.

No, an administrator in administration with the will annexed must distribute assets according to the instructions outlined in the will. They have a legal obligation to follow the testator’s wishes unless there are valid reasons, such as legal challenges or conflicting provisions, to seek court approval for a different distribution.