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The court has the power to appoint an administrator or an executor who will execute your will if:
- You haven’t appointed an executor in your will.
- The executor you appointed is incapable of acting as an executor.
- The executor you appointed refuses to act as an executor.
If you are the beneficiary of a will which does not have an executor or if the person named does not want to perform the functions, you can apply to the court for appointment of an administrator.
When a person dies without naming an executor in his or her will, one of the beneficiaries in the will has to apply for a grant of letters of administration. The process for the same is similar to that for the grant of probate.0