Executor of will : who can this person be, and what are his powers?
Article 2017 of the Hellenic Civil Code states that an executor for the will is only to be appointed by the testator and only if there is a will. Appointment is made exclusively by the testator of the estate and cannot be dependent on the opinion of a third party (such as an heir). The appointment of the executor of the will cannot be done by means of an inter vivos deed entered into by the testator but only by the will and consequently in that regard it follows the terms and conditions under which a will is valid.
Article 2018 of the Hellenic Civil Code sets out the only condition that a person must meet in order for an executor of the will to be appointed. In particular, a person who is incapable of entering into legal transactions or has limited legal capacity cannot take up the post of executor of a will. Moreover, all persons who assist in the preparation of the will and any persons who are in one of the relationships specified in Article 1725 of the Hellenic Civil Code to the parties involved cannot be appointed as executor (Article 1726 of the Hellenic Civil Code).
The powers held by the executor shall be determined solely by the content of the testator’s last will. The role of the executor is to carry out the will of the testator, and to that end he/she alone has been authorized by the testator to engage in all necessary acts. Depending on the content of the will, an executor may oversee the management of the estate by the heir to check whether the latter is observing the dispositions made by the testator or management of the estate may be assigned to him (the executor) in order to carry out his task. The heir shall be liable for the obligations lawfully assumed by the executor when carrying out his task, while the executor shall be liable to the heir for all loss to the estate due to his own fault.
* The information is accurate to the best of our knowledge as at the time of writing. We have no obligation to update it. We accept no responsibility against any third party who is not a client of the firm and has not signed the terms of our engagement.