Execution of Wills – Legal Advice, Representation, Review & Implementation
The administration of an estate is, above all, an effective means of, to help heirs who lack business experience or are overwhelmed by the task. This consideration will often be a decisive factor, particularly in the case of minor heirs. A person is appointed to administer the estate and manage affairs on behalf of the heirs.
If you
- To have doubts, whether your wishes and ideas are being implemented accordingly
- or if you wish to draw up your will and consider whether appointing an executor in your will would be the right thing to do
- or if you are already certain about this, but you don’t have anyone in your circle to whom you’d like to offer this position,
- or even as an executor have been deployed and have questions about how to proceed
When is it advisable to have a will executed?
Where there are several heirs, the appointment of an executor can help to prevent disputes amongst them. Furthermore, if the testator has imposed conditions or made bequests in which the heirs have no personal interest, the executor can ensure that the testator’s wishes are carried out.
The administration of a will is appropriate, for example, in the following types of cases:
- The testator leaves behind an heir with no business experience. The testator wishes to protect a minor heir on whose behalf a legal representative acts.
- The estate is to be preserved until an heir reaches the age of majority.
- The estate is to be preserved beyond the time when an heir reaches the age of majority.
- The testator leaves behind a disabled heir.
- Heirs who are financially vulnerable should be protected from claims by their own creditors.
- The aim is to avoid disputes between the individual heirs.
- The aim is to achieve a specific charitable purpose through the estate.
- The testator wishes to ensure that conditions are carried out and bequests are honoured.
How is a will executed?
It is entirely up to the testator to decide whether to appoint an executor to settle the estate and manage it going forward. They must set this out in their will and provide the necessary instructions.
For the The period of administration of the estate is the heirs’ Right to dispose of the estate’s assets revoked. Nor are the heirs entitled to the use of the estate’s assets, nor to the net proceeds, unless this has been stipulated by the testator.
By contrast, the executor has administrative powers and, in particular, is entitled to take possession of the estate and to dispose of the assets of the estate.
As part of the duty of good administration, the executor must safeguard and preserve the assets entrusted to them. They must comply with the instructions given to them and carry out the testator’s wishes. This may take the form of a purely executory administration, which is concluded once all the testator’s wishes and instructions have been carried out and the distribution of the estate amongst the heirs has been finalised. However, it may also take the form of an administrative administration or a continuing executorship.
Our services:
- Advice for executors on all legal and tax matters
- Representing executors or heirs in disputes
- Assessment of the appropriateness or necessity of the execution of a will
- Execution of wills