Which scenario would require a Grant of Administration with the Will annexed?

Which scenario would require a Grant of Administration with the Will annexed?

• A. The owner dies with the will and both executors predeceased; personal representatives need to act
• B. There are no assets
• C. The will is invalid
• D. The property is under trust

Answer: (A)

When someone dies with a will, the usual path is probate to confirm the will and empower the executors named in it to deal with the estate. But if all the executors named in the will have died before probate or cannot act, there is no one left with valid authority to administer the estate in line with the will. In that situation a Grant of Administration with the Will annexed can be issued, appointing someone to administer the estate and to collect assets, pay debts, and distribute property as the will directs. This fits the scenario where the owner dies with the will and both executors predeceased, and personal representatives need to act. If there are no assets, or the will is invalid, or the property is held in a trust, those situations don’t require this type of grant—the first has nothing to administer, the second means there’s no valid will to annex, and the third involves a trust instead of administering the estate under a will.

When someone dies with a will, the usual path is probate to confirm the will and empower the executors named in it to deal with the estate. But if all the executors named in the will have died before probate or cannot act, there is no one left with valid authority to administer the estate in line with the will. In that situation a Grant of Administration with the Will annexed can be issued, appointing someone to administer the estate and to collect assets, pay debts, and distribute property as the will directs.

This fits the scenario where the owner dies with the will and both executors predeceased, and personal representatives need to act. If there are no assets, or the will is invalid, or the property is held in a trust, those situations don’t require this type of grant—the first has nothing to administer, the second means there’s no valid will to annex, and the third involves a trust instead of administering the estate under a will.