The institution of the executor is governed by articles 700 and following of the civil code. The testator appoints its executor of a person on their behalf, to whom he gave the task to give timely effect to will as expressed in the will.This is a free Office.
How and when was appointed the executor and what is the duration of the assignment
The executor of his will, by definition, can only be named in a will, regardless of the form taken. You use the appointment of an executor when the Testament consists of provisions requiring an implementation. For example, the case where the testator wishes to sell his heirs a property and use the proceeds to a particular purpose: this activity will be implemented. There are no formulas “sacramentals” for nomination: the performer can be so even where it is not named in the will but under tasks. it is always best to use a solicitor who is experienced in writing wills like Wills Trusts LPA UK.
Who can not be named
Article 701 of the Civil Code establishes who can not be named executor. “They cannot be appointed executors who did not have the full capacity to undertake”. The terms is deliberately broad: the doctrine and jurisprudence have identified between individuals unable to be nominated the losers. Can instead be named executor also an heir.
Term of Office
Article 703 determines the term of Office. In the third paragraph is determined that should take no more than one year unless extension of the judicial authority. In any case the extension shall not exceed a further year. The performer enters into the possession of the estate to be in the course of acceptance of nomination. Must care for the administration of the estate “as a good family man”. With regard to all acts of ordinary administration should not ask any permission, while, where should dispose of the assets of inheritance must be authorized by the competent judge for the opening of the succession. Where, however, the sale of estate is provided for in the will the performer shall not ask any permission.
User acceptance of nomination: is it mandatory?
Article 702 of the Civil Code regulates the acceptance of nomination. This has a precise form and must be in the registry of the competent court for the succession. Who is appointed executor has of course under no obligation to accept. The appointee will renounce expressly the position in the same form with which you can accept, or simply won’t accept. The last subparagraph of article 702 gives the possibility to the heirs or who is interested to set a deadline for acceptance of the order. After that period the appointed means quitting party.
The duties of the executor and the cessation of Office
There are generally three duties of executor: the Administration of the estate, the execution of testamentary disposition and, if provided, the performer’s Division within the meaning Article 706 of the civil code. Article 709 of the Civil Code provides for the accountability of the administration. The same is not exempt from liability for their actions even if it has not been provided for a remuneration for their benefit. The performer cannot be excused either by reporting on management or responsibility, even to the express will of the testator.
There are various hypotheses of ceasing Office. These are:
- Having fulfilled its tasks;
- The loss of ability or death;
- The resignation;
- The inability to complete the tasks assigned;
- Exemption under article 710 of the civil code.
The executor should be paid?
Generally no: this is a free Office. This is clearly established in article 711 of the civil code. The testator has nevertheless the power to introduce a remuneration for the benefit of the performer. In the event that the executor accept incarnation and not fixed any remuneration so the offerer cannot claim anything from the heirs. Where the “pay” recognized by the testator to the executor is significantly disproportionate in excess of the activity will not talk over pay but tied for the benefit of the performer.