A will without executors

This could be because:

1. There are no executors named in the will;
2. There are executors named in the will but, because the will is badly written, their appointment is void;
3. The executors died before the deceased;
4. The executors renounced;
5. The executors are incapable of managing their affairs.

Residuary benefciary

After executors, the first person entitled to administer the estate is an attorney appointed by an executor to apply for the grant on his or her behalf.

In the absence of such an attorney, next in line are the residuary beneficiaries of the will. See our guide “When can a residuary beneficiary administer an estate?”.

If there is no residuary beneficiary willing or able to act, next in line are personal representatives of residuary beneficiaries, other beneficiaries, creditors and others. In this situation, we recommend taking legal advice.

Unlike intestate estates (where there is no will) the task does not fall to close relatives.

Grant of letters of administration with will annexed

If there is a will but no executors, the applicable type of grant of representation is a “grant of letters of administration with will annexed”.