When a grant of Letters of Administration with Will Annexed will be made

A grant of letters of administration with Will annexed is made where a Will is proved by any person other than an executor. It was known as Administration cum testamento annexo but this phraseology has now fallen out of use.

There are specific circumstances in which a grant of letters of administration with Will annexed will be made, including:

1. •

   no executor has been appointed in the Will

2. •

   all or the sole appointed executor has died in the lifetime of the testator or has survived the testator but has died without proving the Will—often seen in circumstances where spouses appoint each other and make no provision for a substitute executor

3. •

   all or the sole appointed executor has renounced probate or has been cited to accept or refuse probate but has not appeared to the citation

4. •

   the executor appointment is void for uncertainty

5. •

   where the court exercises its discretion under section 116 of the Senior Courts Act 1981 to