The owner died; executors pre-deceased; personal representatives derive their authority to act under which document?

• A. Grant of Probate
• B. Letters of Administration
• C. The Will
• D. A Grant of Administration with the Will annexed

Answer: (D)

Authority to deal with a deceased person’s assets comes from a grant of representation. If there is a will but all the named executors have died, there is no living executor to apply for probate, so the estate must be administered under a grant that authorises someone to act in accordance with the will. That document is a grant of administration with the will annexed. It gives the personal representative the legal authority to collect assets, pay liabilities, and distribute the estate as directed by the will. The will itself sets out the wishes but does not by itself confer authority to act; probate would require living executors, and letters of administration are used only where there is no will.