Executive

Who is authorized to make decisions in the event of death? One of the first questions that arises when a death occurs is who is authorized to make decisions. For example, when it comes to arranging the funeral, or, at a later stage, the sale of property belonging to the estate.

When there is a will, the testator often appointed an executor in the will. This is referred to as the "executor." The executor is then empowered but the question is exactly what powers the executor has. For the answer to that question, the contents of the will must be carefully examined.

The simplest form of an executor is the "funeral executor." This executor has (only) the authority to arrange the funeral. The most far-reaching authority has the "executor-settlement administrator." This executor may arrange the funeral, pay the debts of the estate, has administration of the estate and may distribute the estate to the heirs.

We also act as executors ourselves, if requested, and have extensive experience in assisting the executor with disputes that may arise during the settlement of an estate. Mirrorwise, we also regularly assist heirs who are dissatisfied with the performance of the executor. This can, under circumstances, lead to a petition being filed with the subdistrict court to dismiss the executor.