PhD student: Mrs E.Y.R. Adriaens

Promotors: Prof E. Dirix, Prof A.L.P.G. Verbeke

Duration: 1/10/2012 - 30/9/2018

Abstract:

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 the liquidation and distribution of the succession. This doctoral thesis seeks to examine the powers given to the executor by the testator. We will conduct 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 in relation to the other actors of the testate succession (heirs, legatees, notary). In this part of the research, the liability of the executor will be examined as well. This two-fold 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 give some concrete recommendations for law practice.