The executor is ... The rights, features and powers of the executor

Legislation provides for the possibility to determine the fate of the citizens of their property in case of their death. In some situations, to ensure the implementation of the will, the person in charge is selected. Information about him may or may not be included in the will. (так называется этот ответственный субъект) определяет наследодатель. The executor (the so called responsible person) is defined by the testator. He acts as the viceroy of the owner, implementing the orders concerning the last will of the deceased. . Let's consider further the powers of the executor .

General information

– выполняет функции доверенного лица или посредника, действуя при этом в интересах наследодателя. The executor of the will - executor - performs the functions of a proxy or intermediary, acting in the interests of the testator. In the norms of modern legislation there are provisions regulating the procedures that this person exercises. In particular, his actions are governed by Art. 1134 CC. It states that the subject can appoint a responsible citizen to ensure the transfer of property to heirs.

Value

стремление установить контроль над справедливым распределением имущества, в том числе недвижимого, а также денежных средств. The main reason for executing the will of the deceased is the executor - this is the desire to establish control over the fair distribution of property, including immovable property, as well as cash. It is caused by the distrust of the owner to the heirs arising in a number of cases, the desire to exclude disputes between successors. гарант реализации условий перехода имущества в точном соответствии с волей умершего. The executor is the guarantor of the implementation of the conditions for the transfer of property in exact accordance with the will of the deceased. At various stages, the governor was vested with various legal possibilities. Originally they were based on spiritual, religious principles. It is worth saying that even now this base plays an essential role. позволит достичь справедливого распределения имущества и гарантировать погашение долгов. Many owners, who have obligations before relatives or other persons, believe that the appointment of an executor will allow achieving fair distribution of property and guarantee repayment of debts. This determines the provision of legal opportunities to the governor, who will act solely in the interests of the testator, as the deceased himself would have acted.

Rights of the executor

Delegation of certain legal opportunities puts the governor over the claims of heirs to the property of the deceased. At the same time, he gets benefits until the moment of transfer of material values and rights to successors. In accordance with this, the governor receives the following opportunities:

1. Regulate the process of realizing the will of the deceased.
2. Get access to information present in the hereditary case.
3. Notify relatives and other interested persons about the death of a citizen.
4. Act as the manager in the process of determining hereditary shares.
5. Participate in court proceedings.

Obligations of the person

субъект, который принимает на себя ответственность за точную реализацию воли умершего. The executor is a person who assumes responsibility for the exact realization of the will of the deceased. In this regard, he is assigned the following duties:

1. Check the circumstances in accordance with which the case is opened and the heirs are summoned.
2. Establish the competence of successors.
3. To be guided by the provisions of the notarial and civil legislation when carrying out its activities.
4. Perform procedures in strict accordance with the will of the deceased.

In the event of unforeseen circumstances in the process of allocating the shares of heirs, the governor must in good faith and competently choose compromise options for settling possible conflicts between relatives and other entities that have claims to the property of the deceased.

Additionally

Speaking about legal opportunities and responsibilities, 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 will of the deceased, does not have to become a deputy. In other words, assuming the role of an executor is a person's right. He can not use it. At the same time, if he accepted the appointment, then all the actions provided for in the will and the law become his duty.

Classification

The executor is vested with powers, in accordance with the purposes of resolving disputes between subjects that have claims to the property of the deceased. Given this, the following types of governors are distinguished:

1. Some are deceased and specified in his will.
2. People whose information is not contained in the will, called by the participants of the hereditary case for the settlement of conflict situations.
3. Appointed state, including controlling structures.

Characteristic

In the first case, the subject appears in the traditional, classical role. The executor is appointed from the number of interested persons by the owner of the property. At the same time, he has no claims to material values. In the second case, the executor retains only a portion of the general authority, since he was not determined by the deceased. In general, in this situation, his legal capabilities reflect the purpose of choosing a deputy. A distinctive feature of this case is that the initiative of appointment does not come from the owner, but from the participants in the case. Accordingly, the subject acts more as an intermediary. The state appoints an executor in cases where there are persons among the participants in the case who need additional guarantees. For example, they may be pupils of orphanages or other specialized institutions. The executor in this case acts as a guarantor of preserving the hereditary rights of a particular participant, without violating the interests of other citizens.

Commitment

The need to coordinate the transfer of powers between the owner and the candidate is not directly established in the law. Accordingly, the testator may not notify the citizen of his intentions. However, the direct procedure for accepting obligations is initiated and certified by a notary. The official is required to notify the citizen of the desire of the deceased to appoint him executor. This action takes place after the opening of the case. If the applicant gives the official 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 successors. A similar procedure is provided for the appointment of the executor by one of the participants in the case. However, in this case, consent will be required from the remaining stakeholders.

Remuneration

The practice of appointing executives is based on spiritual and religious, cultural traditions and presupposes the gratuitousness of the action. Meanwhile, nowhere is denied the possibility of donating to the citizen who assumes the duties of the deputy. Analysis of modern legislation allows us to conclude that the actions of the executor are free of charge. He can not claim for himself a reward. However, it is not forbidden for the 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 develops when the subject is called not by the owner, but by one of the successors or an interested citizen. If the heirs apply to any organization with a request to conduct a business, they pay for the services at the established tariffs. If the executor is appointed from among relatives or acquaintances, then the subject can not claim compensation.