Inheritance law

Executor’s duties

Did the decedent determine the settlement of his or her estate in a will? In most cases, if there is a will, an executor would also have been appointed. After the decedent’s demise, the executor would have to state, in the presence of a notary public, whether he or she accepts the appointment. In the case of acceptance, the notary will draw up a (notarial) certificate of distributorship (under a will). If the executor does not accept the appointment, the will must specify who is to be appointed as executor in that person’s place. 

Duties of the executor

The duties of the executor are determined in the will. It specifies the duties, as well as the powers of the executor. The duties of the executor are also partly determined by the law. It is important to obtain comprehensive information about this. 

Are you the executor, or do you need to deal with an executor, and need to find out more about your rights and duties? The inheritance law specialists at SILK would be happy to advise you on this.