Grant of Administration with Will Annexed UK (2026): What Is Letters of Administration CTA?
Updated 14 May 2026 · 8 min read · England & Wales
There is a valid will — but the named executor has died, renounced, or cannot act. In these circumstances, the Probate Registry does not issue a grant of probate. Instead, it issues a grant of administration with will annexed (also known as “administration CTA” — cum testamento annexo, Latin for “with the will attached”) to a qualifying beneficiary or other person entitled to administer the estate.
Probate, administration CTA, and ordinary administration — what’s the difference?
| Grant type | When issued | Distributes according to |
|---|---|---|
| Grant of Probate | Valid will + named executor able and willing to act | The will |
| Administration CTA | Valid will + no executor can act | The will |
| Ordinary Letters of Administration | No valid will (intestacy) | Intestacy rules (statute) |
When is administration CTA needed?
The most common situations requiring administration CTA:
- The executor has died — before or after the testator, without proving the will; the chain of representation cannot operate because the executor did not obtain probate
- The executor has renounced — signed a formal deed of renunciation at the Probate Registry; once recorded, it is irrevocable without court permission
- The executor lacks capacity — mental incapacity prevents them from obtaining a grant
- No executor was named — a valid but poorly drafted will that appoints no executor
- The executor is a minor — a person under 18 cannot obtain a grant in their own name (though their right to probate can be reserved until they reach 18)
Who can apply for administration CTA — the priority order
Rule 20 of the Non-Contentious Probate Rules 1987 sets the priority for applicants. Unlike intestacy administration (where priority follows family relationship), CTA priority follows beneficial interest in the residuary estate:
- Residuary legatee or devisee — the person entitled to what is left after specific gifts and debts are paid; this is the highest-priority applicant
- Personal representative of a deceased residuary beneficiary — if the residuary beneficiary has also died, their own personal representative may apply
- Any other legatee — a specific or pecuniary beneficiary under the will
- A creditor of the estate — entitled to apply if no beneficiary will act, to ensure their debt can be recovered
Where multiple persons share equal priority (e.g. multiple residuary beneficiaries), any one of them may apply alone, or they may apply jointly.
How the application process works
The application follows broadly the same steps as applying for ordinary probate:
- Obtain the original will and a certified copy
- Obtain the death certificate
- Value the estate and complete the relevant IHT account or online excepted estate confirmation
- Apply via MyHMCTS online (solicitors and legal professionals) or form PA1P (personal applicants)
- Include supporting evidence explaining why the named executor cannot act — e.g., death certificate of the deceased executor, or an executed deed of renunciation
- Pay the court fee (£300 for estates over £5,000)
If named executors are alive but have not formally renounced, the Probate Registry requires notice to be given to them before the grant is issued. This allows the executor to act if they wish, rather than have another person step in.
Powers of an administrator CTA
An administrator CTA has the same powers as an executor: collecting estate assets, paying debts, completing assents of property to beneficiaries, selling estate assets, and distributing the estate in accordance with the will. The same fiduciary duties apply — acting in the interests of beneficiaries, not personally profiting from the role, keeping accounts, and not unreasonably delaying distribution.
Preventing the need for administration CTA
The simplest way to avoid the uncertainty and delay of an administration CTA application is to appoint at least two named executors and named substitute executorsin your will. Substitute executors step in if the primary executors predecease you or are unable to act. Reviewing and updating your will when circumstances change (executor health, relationship breakdown, death) keeps the appointment current.
Frequently asked questions
What is a grant of administration with will annexed (administration CTA)?
A grant of administration with will annexed — formally called 'Letters of Administration cum testamento annexo' (Latin: 'with the will attached') — is a court document issued by the Probate Registry that authorises a person to administer the estate of someone who died leaving a valid will, but where no executor named in that will is able or willing to act. It is one of several types of 'grant of representation'. The person who receives the grant is called an administrator CTA rather than an executor, but they have the same legal powers and duties as an executor to collect and distribute the estate in accordance with the will.
When is administration CTA needed instead of ordinary probate?
Administration CTA is required in any of the following situations: (1) The executor named in the will has died — whether before or after the testator, provided they have not already proved the will. (2) The executor has renounced probate — formally given up their right to act by signing a renunciation at the Probate Registry. (3) The executor lacks mental capacity and cannot obtain the grant. (4) The will appoints no executor at all — an unusual but valid scenario. (5) The executor is a minor and cannot act personally (though they may be entitled to have probate reserved). (6) The sole executor was the spouse of the testator and the gift to the spouse fails or the spouse predeceased. In each case, the will remains valid and governs how the estate is distributed — only the identity of the administrator changes.
Who has priority to apply for administration CTA in England and Wales?
The priority order for administration CTA is set by Rule 20 of the Non-Contentious Probate Rules 1987 and broadly follows the order of beneficial interest in the residuary estate under the will: (1) The residuary legatee or devisee (the person who benefits from the residue of the estate) in the same capacity as they take (absolutely, in trust, etc.). (2) The personal representative of a deceased residuary beneficiary. (3) Any other legatee (a specific or pecuniary beneficiary). (4) A creditor of the estate. Where two or more persons have equal priority, any of them may apply or they may apply jointly. If there are multiple residuary beneficiaries, all equal in priority, any one can apply — or they can nominate one of their number.
What is the difference between administration CTA and ordinary letters of administration?
Ordinary letters of administration are issued when the deceased died intestate — with no valid will at all. The estate then passes under the intestacy rules, not under a will, and the administrator distributes according to statute. Administration CTA is issued when there IS a valid will — the will governs distribution — but no named executor can act. The two grants have the same legal effect (they authorise the administrator to collect and distribute the estate), but the basis of distribution is completely different: administration CTA follows the will; ordinary administration follows the statutory intestacy rules. Both are distinct from a grant of probate, which is issued to a named executor who is able and willing to act.
Does an administrator CTA have the same powers as an executor?
Yes — in almost all respects. An administrator CTA has the same powers and duties to collect and get in the estate, pay debts, and distribute assets to beneficiaries as an executor would have. They can execute deeds (including assents of property), sell estate assets, and sign documents in the name of the estate. One historical difference: under s160 Law of Property Act 1925, an administrator (CTA or otherwise) can sell estate property only after obtaining the grant, whereas an executor's title relates back to the date of death. In practice, this timing difference rarely causes problems for estate administration. The administrator CTA must act in accordance with the terms of the will and the same fiduciary duties apply.
How do you apply for administration CTA in England and Wales?
The process mirrors ordinary probate. You must: (1) Obtain the original will and a copy. (2) Obtain a death certificate. (3) Value the estate and complete the relevant IHT account (IHT400 if the estate is taxable, or report to HMRC online via the Confirm an Estate service for excepted estates). (4) Submit the application to HMCTS Probate via MyHMCTS (online) or on form PA1P (personal applicants). In addition to standard documents, you must include evidence explaining why the named executor cannot act — for example, a death certificate for a deceased executor, or an executed deed of renunciation. The application fee is £300 for estates over £5,000. If any named executors are alive and have not renounced, the Probate Registry will require notice to be given to them before issuing the grant.
What if only some of the named executors have died or renounced?
Where some named executors have died or renounced, but at least one surviving executor is willing to act, the surviving executor obtains an ordinary grant of probate — administration CTA is not needed. Probate can be granted to one executor alone, with 'power reserved' to any other executor who has not renounced (they can apply later to be joined to the grant if needed). Administration CTA only becomes necessary when no executor is capable of acting at the time of the application. If an executor who initially renounced later changes their mind, they can apply to retract the renunciation before a grant is issued — but once a grant has been made to an administrator CTA, the renouncing executor cannot be joined without court permission.
Can a solicitor or trust corporation be appointed as administrator CTA?
Yes. Where none of the beneficiaries wishes to act as administrator CTA, or the estate is complex, a solicitor or a professional trust corporation can apply for the grant. A trust corporation (such as a bank's trust company) may apply in its own name and act as a corporate administrator. Professional administrators charge for their time and services from the estate. Appointing a professional administrator is particularly appropriate where: the estate is large or complex; there are disputes between beneficiaries; the estate includes business assets, foreign property, or litigation; or all beneficiaries lack the capacity or willingness to act. To prevent this situation arising in the first place, the best approach is always to appoint at least two named executors and substitute executors in the will itself.
Appoint the right executors in your will
Administration CTA delays and complications arise when wills appoint no executor, a sole executor, or executors without substitutes. WillSafe’s will kit lets you appoint up to four executors with named substitutes — giving your estate the best chance of a smooth administration.
Get the Will Kit →Related guides
- Letters of administration — when there is no will
- Grant of probate — how it works
- Renouncing probate as an executor
- How to choose an executor for your will
- Removing an executor — how courts intervene