The legislation provides for the possibility to determine to citizens the fate of their property in the event of their death. In some situations, a responsible person is selected to ensure guarantees of the implementation of the will. Information about him may or may not be included in the will. The executor (as this responsible subject is called) is determined by the testator. He acts as the viceroy of the owner, implementing orders relating to the last expression of the will of the deceased. Let us further consider the powers of the executor .
General information
The executor of the will - the executor - performs the functions of a trustee or mediator, acting in the interests of the testator. The norms of modern legislation contain provisions regulating the procedures that this person carries out. In particular, his actions are governed by Art. 1134 Civil Code. It indicates that the entity may appoint a responsible citizen to ensure the transfer of property to the heirs.
Value
The main reason why the executor is called to realize the will of the deceased is the desire to establish control over the fair distribution of property, including real estate, as well as cash. This is due to the distrust of the owner to the heirs arising in a number of cases, the desire to exclude disputes between successors. The executor is a guarantor of the conditions for the transfer of property in strict accordance with the will of the deceased. At various stages, the governor was endowed with various legal options. Initially, they were based on spiritual, religious principles. It is worth saying that even now this base plays a significant role. Many owners who have obligations to relatives or other persons believe that the appointment of a clerk will achieve a fair distribution of property and guarantee the repayment of debts. This determines the provision of legal opportunities to the viceroy, who will act exclusively in the interests of the testator, as the deceased would act.
Rights of the executor
The delegation of certain legal opportunities puts the governor over the claims of the heirs to the property of the deceased. At the same time, he gets advantages until the moment of transfer of material values and rights to successors. In accordance with this, the governor receives the following features:
- Regulate the process of realizing the will of the deceased.
- Get access to information present in the inheritance case.
- Notify relatives and other interested parties of the death of a citizen.
- Act as a steward in the process of determining hereditary shares.
- To participate in litigation.
Responsibilities of the person
The executor is a subject who assumes responsibility for the exact realization of the will of the deceased. In this regard, he has the following responsibilities:
- Check the circumstances in accordance with which the case is opened and the heirs are called upon.
- Establish eligibility for successors.
- Be guided by the provisions of notarial and civil law in carrying out their activities.
- Perform procedures in strict accordance with the will of the deceased.
In the event of unforeseen circumstances in the process of allocation of shares of heirs, the governor must conscientiously and competently choose compromise options for resolving possible conflicts between relatives and other entities having claims on the property of the deceased.
Additionally
Speaking about legal opportunities and obligations, it is necessary to note a number of nuances that the executor must take into account. These are the following points. The subject, information about which is indicated in the last expression of the will of the deceased, is not required to become governor. In other words, assuming the role of executor is the right of the person. He may not use it. Moreover, if he accepted the appointment, then all actions provided for in the expression of will and law become his duty.
Classification
The executor is empowered, in accordance with the objectives of resolving disputes between entities having claims on the property of the deceased. Given this, the following types of governors are distinguished:
- Defined by the deceased and indicated in his will.
- People whose information is not contained in the will, called by the participants in the inheritance case to resolve conflict situations.
- Appointed by government, including regulatory agencies.
Characteristic
In the first case, the subject acts in a traditional, classical role. The executor is appointed from among the interested parties by the owner of the property. Moreover, he has no claims on material values. In the second case, the executor retains only a part of the general powers, since he was not determined by the deceased. In general, in this situation, his legal capabilities reflect the purpose of choosing the governor. A distinguishing feature of this case is that the initiative for appointment does not come from the owner, but from the participants in the case. Accordingly, the subject more performs the role of a mediator. The state appoints a clerk in cases where there are persons among the participants in the case who need additional guarantees. For example, they can be pupils of orphanages or other specialized institutions. The executor in this case acts as a guarantor of the preservation of the inheritance rights of a particular participant, without violating the interests of other citizens.
Commitment
The need to coordinate the transfer of authority between the owner and the candidate is not directly established by law. Accordingly, the testator may not notify the citizen of his intentions. However, the direct commitment process is initiated and certified by a notary. The official must inform the citizen of the desire of the deceased to appoint him clerk. This action is performed after the opening of the case. If the candidate gives formal consent, the notary draws up a certificate in which his powers and duties are determined. In this case, there is no need to obtain permission from the successors. A similar procedure is provided for appointing an executor as one of the participants in the case. However, in this case, consent from other interested parties will be required.
Remuneration
The practice of appointing executives is based on spiritual, religious, cultural traditions and involves the gratuitousness of action. Meanwhile, the possibility of a donation towards a citizen assuming the duties of governor is not denied anywhere. The analysis of modern legislation allows us to conclude that the actions of the executor are free of charge. He cannot demand a reward for himself. However, it is not prohibited for relatives of the deceased or other persons to provide him with a sum of money or other benefits for participating in the procedure. A somewhat different situation arises when the subject is not called upon by the owner, but by one of the successors or an interested citizen. If the heirs turn to any organization with a request to conduct business, then they pay for services at the established rates. If the executor is appointed from among relatives or acquaintances, then the subject cannot demand compensation.