Understanding Administration Cum Testamento Annexo: A Legal Overview
Definition & Meaning
Administration cum testamento annexo is a legal term that refers to a situation where a person has passed away leaving a will, but has not appointed an executor to carry out its terms. This may occur if the named executor is unable to act, has died, or refuses to take on the responsibility. In such cases, the court appoints an administrator to manage the estate, typically selecting someone who has a significant interest in the estate, such as a residuary legatee. This process ensures that the wishes outlined in the will are honored while providing a legal framework for estate management.
Legal Use & context
This term is commonly used in probate law, which deals with the administration of estates after a person's death. Administration cum testamento annexo is relevant in situations where there is a will but no executor to enforce it. Legal professionals often handle these cases, but individuals may also manage the process using legal templates from resources like US Legal Forms. Understanding this term is essential for anyone involved in estate planning or probate matters.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person passes away and leaves a will naming their brother as the executor. However, the brother is unable to fulfill this role due to health issues. The court appoints the deceased's sister, who is a residuary legatee, as the administrator.
Example 2: A woman dies leaving a will that names her friend as executor, but the friend has also passed away. The court then appoints the woman's adult child to manage the estate. (hypothetical example)