Execution of wills

Are you thinking about making a will to regulate your legal succession, but are worried that your instructions will not be followed by your heirs after your death? Or are you afraid that your heirs (e.g. your children) will get into a dispute over the distribution of the estate once you (and possibly your wife/husband) are no longer around?

This is where the execution of a will can help:

The execution of a will is an instrument that the law makes available to the testator (i.e. the person who makes a will) to ensure that their objectives are actually realized after their death. It must be ordered in a will. If the execution of a will is ordered, the estate is administered and distributed by a person who can be appointed by the testator. The so-called executor of the will is therefore what is sometimes referred to in common parlance as the "estate administrator" (although the law uses the term "estate administrator" to mean something else). The so-called executor has to follow and implement the testator's instructions as set out in his will. This gives the testator the opportunity to transfer the right to settle the estate to a neutral, independent person who does not necessarily have to be one of the heirs. The executor is the holder of a private office and as such is bound by the rules laid down by law for the execution of wills. The executor is therefore not dependent on the will of the heirs when carrying out his or her duties.

The following reasons or objectives may speak in favor of ordering the execution of a will:

  1. The inherited assets are to be protected:

    On the one hand, protecting the estate from a contentious dispute can be important here. On the other hand, the estate can also be protected from access by creditors (insolvency creditors of the heir/the social welfare provider if the heir is receiving benefits) with the help of the execution of the will.

  2. Larger assets should be bequeathed or bequeathed to minors or young adults:

    It may be the wish of a testator, for example, to leave assets (including large amounts) to grandchildren by means of a will. As it is often not possible to say at the time the will is drawn up whether the grandchildren will be able to handle larger sums of money in a healthy manner later on, the assets bequeathed to the grandchildren can be withdrawn from the grandchildren's access by ordering the execution of the will until they have reached a certain age at which they are able to handle money in a mature manner, for example. In this case, the parents of the grandchildren, i.e. the testator's children, are the main executors of the will.

  3. The aim is to prevent a legal representative from gaining access to estate items that are given to a minor.

    If the testator wishes to leave assets to minors, e.g. their grandchildren, through a will, it may be their wish that a parent, usually the child-in-law, does not have access to these assets. This is particularly the case if the grandchild's parents are divorced. In this case, the divorced parent can be prevented from accessing the assets allocated to the grandchildren by ordering the execution of the will.

  4. The continuation of a business built up by the testator should be secured:

    The execution of a will can also help to ensure the continued existence of a business that the testator has built up. If the heirs are not yet in a position to run the company independently due to their age or lack of experience, the testator can assign this task to an executor for a certain period of time. Even if there are special tax considerations to be taken into account due to the business assets in the estate, it may make sense to appoint an executor who, due to their special expertise, ensures that these special tax considerations are taken into account when settling the estate.

The above explanation is intended to provide an initial insight into the subject of executorship. It is not a substitute for advice in individual cases.

If you have specific questions or would like an assessment of your case, we will be happy to provide you with an initial consultation at any time. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The length of the consultation and the size of your assets are irrelevant.

Status: 23.11.2023