Liability of the executor

Depending on the constellation, the work of an executor can be extremely liability-laden. In principle, the executor is obliged to carry out their duties conscientiously and in the best interests of the heirs. At the same time, however, they must comply with the testator's instructions.

In this constellation, it often happens in practice that the heirs, who are denied direct access to the estate by the executor, do not always agree with the executor and initiate legal proceedings against him.

In the context of such lawsuits, it must be clarified whether the executor may have caused damages to the estate through his actions and whether he may even have to be removed from office. However, even if the latter should be enforced, this does not necessarily mean that the execution of the will is revoked, as a substitute executor could take the place of the original executor if necessary.

Our experienced team of specialist lawyers in Frankfurt and Berlin will be happy to assist you with all questions relating to executor liability.