Executor (Germany and Austria)
Testamentsvollstrecker
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In Germany, the person designated by the testator to carry out testamentary dispositions and administer the estate (sections 2197 et seq. Civil Code).
The executor must provide the heirs with an inventory of the estate without delay and is liable for proper administration. In Austria, the court probate proceedings take centre stage.
In practice
An executor secures the implementation of the last will, particularly where shareholdings in companies, minor heirs or divided families are involved. In practice, tasks, duration and remuneration are clearly set out in the will, and a substitute is named. The family office supports the executor with a current overview of the wealth, powers of attorney and documents, so that the executor can act quickly when needed.
Distinctions and common mistakes
An executorship can last for many years if the testator orders long-term administration, for example until a child reaches a certain age; its scope and duration should therefore be clear. A common mistake is to leave the executor's remuneration open, which frequently leads to disputes with the heirs.
Relevant in: Germany · Austria
Related terms
- Executor (Switzerland)
- In Switzerland, the person appointed in a will or inheritance contract to carry out the last will and administer the estate until it is divided (Art. 517 et seq. Civil Code).
- Compulsory share
- The minimum share of an estate protected by law for close relatives, which cannot be removed by will.
Mentioned in these guides
- Cross-border estate planning: the EU, Switzerland and LiechtensteinWhich succession law applies to families in several countries? EU Succession Regulation, Swiss PILA, choice of law, forced heirship, structures and taxes.
- Executors of wills in Switzerland (Willensvollstrecker)What an executor of a will does in Switzerland, how they are appointed, their rights, duties and remuneration – and how a family office supports them.