30 September 2024
Executor of a will. What exactly does that involve?
The executor is responsible for settling the estate. However, this does not mean that every executor has the same responsibilities.
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An executor is a person appointed in a will to act on behalf of the deceased after death and is responsible for settling the estate.
The executor is responsible for dealing with the management of the estate until complete. They can carry out these tasks as they see fit, but does have a duty of care with regard to the heirs. In addition, they are responsible for the payment of debts of the estate and for the execution of any testamentary obligations. The competences of the executor can be extended on the basis of the will. Amongst other things, the will can include a testamentary obligation or the settlement of administration by an administrator with the powers of an executor.
One of the obligations of the executor is to provide information to the heirs about the execution of the task. The executor must also draw up a description of the estate and ask the creditors to submit their claims.
The salary of the executor is usually included in the will. If nothing is stated in the will, a legal salary applies of 1% of the value of the deceased’s capital on the date of his death. It is possible to deviate from the salary indicated in the will or the legal salary, if the will provides for this or if unforeseen circumstances apply.
The task of the executor can end prematurely for various reasons, such as death or bankruptcy. In addition, it sometimes happens that they no longer want the role or that the heirs are dissatisfied with their performance. The district court will decide on a request for the dismissal of an executor and may appoint a new one if the will allows for this.
The inheritance lawyers at GMW lawyers can assist you with these and related matters. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our inheritance law lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your inheritance issues. Feel free to contact us if you have any legal questions.
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30 September 2024
Executor of a will. What exactly does that involve?
The executor is responsible for settling the estate. However, this does not mean that every executor has the same responsibilities.
Read more
25 September 2024
Four questions to consider on financial inheritance law issues
You are retired. It’s time for a financial check-up. Today, we answer four questions on financial inheritance issues that you should take care of now to enjoy a carefree ‘old age’.
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18 September 2024
What is a certificate of inheritance and when should it be drawn up?
In most cases, a certificate of inheritance can be compared to a proof of identity. It is a deed drawn up by a civil-law notary that states who the heirs and/or executor are.
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16 September 2024
Why prepare a digital estate?
At a time when an increasing number of things are taking place digitally, it is important to think about your digital estate. This is a document in which you list what you want to happen to your digital presence after your death. If you do nothing, your digital presence will remain online.
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11 September 2024
What to do if money has disappeared from the estate?
After someone's passing, the estate is settled, and the heirs gain insight into the extent and composition of the inheritance. What can you do if money has disappeared from the estate?
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2 September 2024
Concealing a part of the inheritance
There is a mutual obligation for heirs to inform each other about the extent of the inheritance.
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22 April 2024
Right to reimbursement of gifts and inheritance under an exclusion clause
If you receive an inheritance or gift during your marriage, it is quite possible that the testator or donor has included an ‘exclusion clause’ in their will and/or linked it to the gift.
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5 February 2024
What information does a forced heir receive?
A forced heir needs information to calculate their statutory share. They are entitled to inspect and take copies of all documents they need to calculate their statutory share. What is the extent of this right?
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9 October 2023
Dutch international succession law: be wise and be informed
It is wise during life to think about what you want to happen to your assets after death. This is perhaps even more true for expats.
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