5 Jan, 2017 @ 09:49
1 min read

The responsibilities of will executors in Spain

Antonio Flores
Antonio Flores

UNDER Spanish laws executors who are named in a will –and do not renounce to their appointment within 6 days of being informed – have certain legal obligations they need to fulfil.

Article 902 of the Spanish Civil Code orders executors to fulfil the following duties:
Pay funeral expenses in accordance to the will or, in the absence of a disposition to the effect, following the custom of the village.
Distribute ‘cash sum’ legacies, with the knowledge and acceptance of the inheritors.
Supervise over any other wishes contained in the will.
Take the necessary steps to secure and conserve the estate.

These legislated duties coexist with many others not specifically contemplated by law but extensively accepted by case law:
Collecting debts and share dividends.
Renting out inheritable property for a duration not exceeding that of the term of appointment.
Taking an inventory of the deceased’s possessions and debts.
Giving beneficiaries notice of acceptance/repudiation of inheritance.
Similarly to other countries, the role of executor is gratuitous: he/she is not entitled to be paid unless the will specifies otherwise although costs incurred in by an executor can be claimed.

Executors can be made responsible for negligence in the provision of the services, where losses have occurred. Claims made against executors have to prove such losses.
Finally, the appointment of executor will finalize by expiration of his term, renunciation, death or removal through Court action.  

Antonio Flores (Columnist)

Lawyer Antonio Flores is the legal columnist for the Olive Press. Antonio has been practising law since 1997, year in which he began working for a large law firm in Marbella as a Property Lawyer. In 1998 he left the company he had joined a few months earlier, and used his knowledge and the experience gained to build his own practice. He is known throughout the community as independent, reputable and trustworthy. Through a combination of strong work ethics, determination and international exposure, his competence of Spanish Law is unparalleled and demonstrated through his fluency in English and Spanish.

1 Comment

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Peter height
Previous Story

EXCLUSIVE: Racism row erupts after actor uses ‘N’ word on stage during kids’ Costa del Sol pantomime

cover final touching distance  e
Next Story

Sotogrande expat reveals touching life journey in new golf love novel

Latest from Antonio Flores: Legal Problems

Go toTop

More From The Olive Press