Execution of a will
August 2, 2009 | 25,00 EUR | answered by Andreas Scholz
The will does not contain any provisions regarding the execution of the will. My stepmother appointed me in writing in 2002 to execute the joint will of my parents. The appointment is in writing. The co-heirs have concerns; we cannot agree. Who decides on the execution of the will if the heirs cannot agree; how can I be appointed without the co-heirs? The district court does not want to make any decisions because nothing is regulated in the will. How can I prevent a stranger or another co-heir from being appointed?
Dear inquirer,
The appointment of the executor can only be bindingly regulated by a provision in the will or in the inheritance contract.
A contract or order made during the lifetime regarding the execution of the will can be revoked at any time by the testator or the heirs in accordance with § 671 of the German Civil Code.
Since there is no valid appointment of an executor in your case, the community of heirs must traditionally reach an agreement among themselves through the preparation of a partition plan, if necessary by filing a partition lawsuit.
As no executor is named in the will, no executor can be appointed after the testator's death. Only the testator can order the execution in the will, according to § 2197 of the German Civil Code. A subsequent appointment of an executor from outside is not legally provided for and therefore not possible.
In your case, the co-heirs must therefore come to an agreement among themselves - as described, if necessary through legal action.
I hope this information helps. If you have any further questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
