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Project

The testamentary executor.

In his last will, the testator may appoint an executor to execute this last will. There are several possibilities when it concerns the competences and the role of the executor. His role can consist of  controlling the execution of the will, the administration of a certain amount of goods of the succession, the liquidation of the succession and theliquidation and distribution of the succession. This doctoral thesis seeks to examine the powers given to the executor by the testator. We willconduct this research in a strong functionally comparative manner, by looking at the powers of the executor in Belgium, Germany, France, the Netherlands and the Common Law (England and Wales). By so doing, a typology of the competences of the executor will be made. A second aspect of this research aims to clarify and evaluate the role of the executor in relation to the other actors of the testate succession (heirs, legatees, notary). In this part of the research, the liability of the executor willbe examined as well. This twofold doctoral research aims to conclude with a normative aspect, namely the kind of role and powers an executor should have. This normative conclusion offers the opportunity to givesome concrete recommendations for law practice. 
 


 

Date:1 Oct 2012 →  19 Dec 2017
Keywords:testamentary executor
Disciplines:Law
Project type:PhD project