Publication date: 16.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Current legislation provides the right to dispose of one's property in the event of death by making a will.
Along with this, an equally important procedure is the execution of the order of the testator, which directly depends on the implementation of his will.
Based on this, an important role is played by the executor of the will in inheritance legal relations, who is entrusted with a set of functions to comply with the orders of the testator and protect the rights of the heirs, and manage the inherited property.
Features of execution of the will:
First of all, it is worth noting that the appointment of an executor can be carried out at the initiative of both the testator and the heirs, and in some cases, by the court and notary - and therefore it is worth highlighting all the features in more detail.
The primary right to appointment belongs to the testator himself, that is, the person who makes the will can entrust the execution of the orders contained in it to another natural or legal person.
- It is worth paying attention to the fact that in the case of entrusting the execution of a will to a natural person, a mandatory condition is the full civil legal capacity of such a person.
- If there are several heirs, then in accordance with Part 2 of Art. 1286 of the Civil Code, the testator can entrust the execution of the will to any of them.
- It is worth noting that in the case when the testator assigned the execution of the will to a person who cannot ensure it, the heirs have the right to apply to the court with a claim to remove such a person from the execution of the will.
- The right to appoint an executor may also belong to the heirs, but only in the event that the testator himself did not do so, or the executor appointed by him refused or was removed from the execution.
As for the role of the court in this matter, if no agreement is reached regarding the appointment, the heirs can apply to the court and accordingly, it will decide who will be appointed executor in this case.
- A lawyer for court will help with this. In the event that the executor is not appointed by the testator, or the person appointed by him refused or was removed from the execution, the initiative for appointment may belong to the notary.
- It is important to note that the entire procedure for executing the testator's orders is based on the principles of voluntariness, payment and control.
- Voluntariness consists in the fact that the appointment of a person as executor can be carried out only if there is his consent, as well as if he has the opportunity to refuse to exercise his powers, except in some cases.
- As for payment, the testator can determine in the will the property that the executor will receive as payment for the performance of his duties.
- If the will does not contain such conditions, then the amount of the fee that the executor will receive will be established as a result of an agreement between him and the heirs.
- Controllability, in turn, consists in the fact that the executor's exercise of his powers is controlled by the heirs and, at their request, the executor must report to them on his actions related to his powers.
As for the powers themselves, they consist of a number of duties that the executor must comply with, namely:
• Protect garden property and take certain measures for this purpose
• Notify about the opening of inheritance of heirs, creditors, etc.
• Carry out heritage management
• Demand fulfillment of obligations from the testator's debtors
• To ensure that the heirs receive their shares in the inheritance in accordance with the will, as well as the receipt of shares by those persons who have the right to a mandatory share in the inherited property.
The procedure for challenging the actions of the executor:
- Since the control over the executor's actions is carried out by the heirs, the legislator gives them the right to appeal such actions, in case of violations of the current legislation.
- Legal representatives and the body of guardianship also have the right to appeal.
- If the executor does not fulfill or improperly fulfills his duties, exceeds the limits of the powers granted to him, thereby affecting the property interests of the heirs, it is possible to claim that there is a basis for appeal. In this case, a special limitation period of 1 year will apply.
Representation of interests in court:
An inheritance lawyer will help implement the removal of the executor appointed by the testator, or challenge his illegal actions actions and provide his legal evaluation.
Legal analysis of the situation, defense in court, preparing procedural documents and high-quality representation of interests are the main tasks that a lawyer will perform, and the inheritance case price will depend on their complexity.
Therefore, the involvement of a qualified lawyer in court an inheritance cases will help settle disputes in the field of inheritance legal relations without going beyond the limits of current legislation and ensure comprehensive protection of rights.
