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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.

Legal tip 431. Wills and Inheritance in Spain: Executor and partitioner
19 January 2011 @ 11:17


The Executor is the person designated by the testator to ensure compliance with the wishes expressed in the will.



The powers of the executor are those expressed by the testator in the will and if not expressed, they will be as follows:



To Arrange and pay for expenses related to the funeral of the testator.
To pay the pecuniary legacies.
To ensure compliance with the rest of testamentary dispositions and defend the validity of the will.
To take measures and precautions necessary for the conservation of heritage.
The testator can name one or several executors and in case of several they can be empowered to act just jointly or jointly and severally.



The Partitioner is a different figure.  It s the person named by the testator in the will to carry out the distribution of the estate among the heirs.

Although these two are different figures, it is quite common for the testator to name same person for the exercise of  both charges: executor and partitioner. In this case, the appointed person needs to enforce the will and carry on the division of the inheritance.

Balcony in Grazalema by Francisco Dianez Guerrero at Facebook


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