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English speaking lawyer to appoint an executor of will and testament

English speaking lawyer executor of will and testament

If you fear that your estate will be difficult to manage for your heirs or if you want to make it easier for them, you can already help them in advance and designate in writing in your will or testament or in a separate document an "executor".

An "executor" may be a relative (friend or family) or a lawyer or a notary, etc.

He is responsible for ensuring the proper execution of your last wishes and if necessary to manage your estate. He will get the heritage process started  : get the act of notoriety prepared, an inventory of items of the succesison drafted, he can sell certain goods in case of emergency or to honor bequests, etc.

It may also have the mission to fulfill your wishes, for example if there are no heirs accepting the inheritance, he will thus administer the estate.

It is subject to articles 1025 and following of the civil code.

A special executor ("posthumous agent") is designated in rarer cases where an heir is in need of protection (for example if he or she is placed under guardianship) or if the management of the estate requires special skills, for example if it is a company.

It is necessary to justify a "serious and legitimate interest".

The agent may settle the debts, rent or sell some of the property of the estate, provide for their maintenance, etc. He must of course regularly report to the heirs of his management (every year).

The power must be given and accepted before a notary (by deed). It may be remunerated provided it is provided in writing.

Its regime is provided for by Articles 812 et seq. Of the Civil Code.

You can contact Me Olivier MINGASSON partner of the firm Les Avocats du Thélème, he is in charge of the French and international law on will and testament and on inheritance.
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