Wykonawca testamentu – zagadnienia materialnoprawne, proceduralne i praktyczne

Abstract

The article is an analysis of substantive, procedural and practical issues concerning the appointment of an executor of a will and his duties. First, the issues related to the appointment of an executor of a will are discussed, including the possibility of restricting the content of a will to the very appointment of an executor, restrictions as to the person of the executor, and the possibility of appointing several executors whose powers overlap. The next part of the article describes problems associated with refusal to act as an executor. This is followed by an analysis of the duties and powers of executors, focusing on questions relating to the administration of an inheritance. It also raises the issue concerning the liability of an executor of a will. The article then discusses the certificates issued to executors. Finally, some practical issues are raised; the problem of overlapping competence of the executor of a will and the attorney, the trustee and the administrator appointed under the provisions of the Family and Guardianship Code, and the executor’s possibility of acting against banks.