In hereditary pre-revolutionary law, such a term as an executor previously existed. It is, in simple terms, the executor of the will. For some time it was not used, but then it was again put into circulation, which is confirmed by Article 1134 of the Civil Code of the Russian Federation. And now we will talk about the rights and obligations of a person acting as an executor of a will.
Definition
So, in modern inheritance law, the executor is the person who is responsible for fulfilling the will of the testator, which is reflected in his will. His name should be noted in the same document.
There may be several executives. To avoid confusion, the paper indicates who should be responsible for what. It is also mandatory to indicate passport data of executives and the place of their registration.
Often there is a conflict: notaries believe that only one should be the executive person. Perhaps this is correct. Be that as it may, the executor without fail receives a certificate from the notary, which gives him authority.
Further, he is obliged to give official consent to the performance of those functions that are assigned to him. The commission imposes a huge responsibility on him, and not only legal, but also moral and ethical.
Who can they be
Talking about who the executor is, this issue should also be considered. The testator has the right to appoint anyone to them. Often it becomes a person who has nothing to do with inheritance. If the testator did not manage to appoint an executor, then his relatives themselves can make a decision by inviting someone to this “position”.
It should be noted that often the executor is, so to speak, a classified person. Before the opening of the inheritance, people associated with it may not suspect who it is.
Interestingly, some testaments act very cunningly. Having a modest inheritance, they appoint several executives at once. So they themselves guarantee the exact fulfillment of the will. If one turns out to be dishonest, then the second will definitely not fail.
The appointment of several executives in the law of succession is advisable in cases where land, shares, enterprises and jewelry are transferred to the inheritance. With such a large-scale task, just one person will not be able to cope.
Consent to the role of performer
This point also deserves attention. Since the executor in modern inheritance law is an individual selected by the testator in order to fulfill his will, it is necessary to obtain his consent to this.
How is it expressed? Until the date of opening of the inheritance or after. There are two options:
- Handwritten statement in the inscription on the will.
- Attaching a consent statement directly to the will.
Whatever option a person chooses, a statement will need to be provided to a notary. Only in this way will he be able to officially confirm his authority.
Relief
It may have a place to be. But only in the presence of certain circumstances that impede the execution of the will. Namely:
- Prolonged illness of the executor.
- Recognition of it is limited or completely incompetent.
- The unknown absence of a potential performer.
- Forced departure for good reason for a long time.
In this case, the heirs will be forced to determine the executor themselves, appointing them the one whose candidacy will suit everyone.
Artist Rights
A person assigned to such a specific role should preserve the property of the testator and manage it until it is transferred to the disposal of the heirs. He acts in their interests.
It is important to make a reservation that the executor may refuse to execute the will if the costs associated with it are so high that the testator's remuneration does not cover them.
What can be said about his rights? Initially, they were dictated by the spiritual and religious context. It still remains relevant, despite the prevalence of the legal aspect. So, the rights of an executor can be distinguished in such a list:
- Regulation of the execution of the will of the deceased.
- Alert relatives and loved ones that the testator went to another world.
- Gaining access to the information indicated in the inheritance case.
- Distribution of hereditary shares.
- Protecting the interests of the deceased and wills in court if disputes arise.
In simple terms, the performer has every right to deal with the distribution of the inheritance after the death of the testator as he would do it himself.
Duties
Talking about the features of the execution of the will by the executor, their consideration also needs to be paid attention. The duties of an individual include:
- Checking the circumstances in which the inheritance was opened.
- Identification of the eligibility of those people who called for this.
- Compliance with the principles of notarial and civil law.
- The implementation of all actions in accordance with the will of the deceased.
An important point: if unforeseen circumstances are revealed during the allocation of shares, the contractor is obliged to conscientiously and competently determine a compromise between those people whose names are indicated in the will.
Empowerment of an Executive
It is determined in accordance with the objectives of resolving disputes and problems between the heirs. Therefore, against this background, there are varieties of performers:
- Executives appointed by testaments in advance. Their names are indicated in the document.
- Performers who are not registered in the will. They are called upon by participants in the procedure if any disputes arise between them.
- Executives appointed by the state or regulatory authorities.
In the first case, the performer fulfills his duties in accordance with the classical model of the situation. He is a citizen who is not interested in the inheritance, who does not claim to bequeath property.
In the second case, only part of the duties delegated to the performer is retained, for they were not previously authorized by the deceased. However, the principle is the same. The only difference is that the initiative stems from the participants, and not from the testator.
The third case is special. The state appoints a executor in the event that among all the heirs there is a person (or several persons at once) requiring additional guarantees.
The financial side of the issue
As already mentioned earlier, the practice that has developed over all times in relation to the phenomenon under consideration has spiritual, religious, cultural roots of charity. Initially, it was unconditionally free.
But the possibility of donations to the side of the person who took responsibility for the fulfillment of the dead man’s last will was never denied.
In modern law, this is also observed. Of course, the executor himself, who agreed to fulfill the duties listed above, does not have the right to demand payment from the testator or his relatives. But they are not forbidden to proportionately reward this person, thanking for participating in the procedure.
A situation where relatives appoint a solicitor themselves. The intermediary from this category is different.If the heirs turn to a real estate or legal company for the help of an executor, then they will have to pay for the services provided.
But you can ask someone from acquaintances or heirs to act as a performer. Their help is not necessary. Also, the commissioner appointed by the public service does not require remuneration.
Other features
Much has been said above about who the executor is in the modern inheritance law of the Russian Federation. This is an important figure, and therefore it is worth mentioning some more features. The nuances that were not mentioned earlier should be highlighted in such a list:
- The appointment of the contractor can either be negotiated by the testator and potential executor, or not. Be that as it may, the appointment is carried out by a notarial act.
- After the will is opened, the performer will be surely informed of this by a notary.
- If a person turned out to be an executor, then he automatically becomes the confidant of the deceased. He cannot transfer or assign administrative rights to anyone else.
- A lawyer or a representative of a company specializing in the field of inheritance can be appointed as an executor. Also, powers of the executor are often given to realtors or representatives of real estate companies.
- The contractor, acting alone, must cover the entire list of instructions that was transmitted by the deceased owner.
- If the executor is one of the heirs, then he can act only in relation to the shares of other participants. He will have to exclude his personal claims and interests.
In conclusion, I would like to say that the executor in civil law is a truly valuable person. Appeal to his services is advisable. This is an effective way to constructively solve the hereditary issue as convenient and trouble-free as possible for all participants in the process.