Claims in cases involving an executor

Executors must perform their duties diligently and in accordance with the instructions of the deceased and the law. 

Executors are not always experts in inheritance matters, but this lack of knowledge does not release them from correctly carrying out their commission and, therefore, the solution is to hire experts and receive sufficient advice to be able to exercise the executorship appropriately.

Otherwise, the heirs and others favoured in the inheritance can sue the executors and even request their removal, if their behaviour has been fraudulent or seriously negligent. 

In certain circumstances, the executors may end up losing their right to remuneration and even incur liabilities vis-à-vis the heirs and other beneficiaries, which would be settled in court.

The Procedural Department of Gabarró Advocats-Herències- advises executors in the fulfilment of their duties and, if necessary, defends them in court, or, conversely, defend the rights of the beneficiaries of the inheritance who consider that the executor is not acting diligently or is overstepping the commission made by the testator.

More services

“Portio Legitima”

How much is it? How and when must it be paid? Can an heir be cut off?

Managing the inherited estate

Managing the estate correctly is crucial

Preventive notarial documents

In lieu of the judicial procedure for modification of legal capacity

Judicial procedure for modification of legal capacity (incapacitation)

In cases where there is no option but to incapacitate our nearest and dearest

Wills

It shouldn’t just be a will, it should be a good will.

Obtaining the documents

Documents which are strictly necessary in order to process

No will

When a will has not been drawn up, the Law determines the heirs