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Simple English definitions for legal terms
cum testamento annexo
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A quick definition of cum testamento annexo:
Term: cum testamento annexo
Definition: When someone dies and leaves a will, they usually name an executor to carry out their wishes. But if the executor is unable or unwilling to serve, the court will appoint an administrator to handle the estate. If the administrator is appointed "cum testamento annexo," it means they are in charge of the estate even though there is a will. This usually happens when the named executor is unable to serve or has died.
A more thorough explanation:
Definition: The phrase “cum testamento annexo” is Latin for “with the will annexed.” It is used to describe an administrator of an estate in which there is a will. An administrator cum testamento annexo is appointed when the executor named in the will is unable or unwilling to serve, or if there is no executor named in the will.
Example: John died and left a will, but he did not name an executor. The court appointed Mary as the administrator cum testamento annexo to manage John's estate and distribute his assets according to his will.
Explanation: In this example, John's will did not name an executor, so the court had to appoint someone to manage his estate. Mary was appointed as the administrator cum testamento annexo because she was willing and able to serve in this role. She will be responsible for carrying out John's wishes as outlined in his will.