Executor (Switzerland)
Willensvollstrecker
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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).
The executor has the rights and duties of an official estate administrator, must accept or decline the mandate within 14 days and is entitled to appropriate remuneration.
In practice
The executor administers the estate until it is divided, pays debts, settles legacies and prepares the division. In practice, entrepreneurial families should appoint a person with experience in asset management and tax as well as a substitute. The family office supports the executor with a current inventory, access information and powers of attorney, so that deadlines of the tax authorities and banks can be met after a death.
Distinctions and common mistakes
The executor administers the estate but cannot impose a division against the will of the heirs; if the heirs do not agree, a court decides. A common mistake is to appoint a single family member as executor in a family prone to conflict, which can lead to challenges and delays.
Relevant in: Switzerland
Related terms
- Executor (Germany and Austria)
- In Germany, the person designated by the testator to carry out testamentary dispositions and administer the estate (sections 2197 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.