Knowledge Base
Executor
If you or your client are named in a Spanish will as a beneficiary, you will want to know who is responsible for ensuring that the deceased’s wishes are observed.
The Executor
In a similar way to the Law of England and Wales, it is possible under Spanish law to appoint an executor (albacea) of a will.
The role of this individual or individuals is to carry out the instructions made by the testator in the will and to handle the estate, comprising both the assets (money, personal property, real property, etc.) and the liabilities (money owed by the deceased)..
A few facts about executors:
- The executor(s) must be appointed by the testator in a will.
- The position is voluntary: the executor has no obligation to accept the role. If the executor accepts, they are then under an obligation to perform the role.
- The duties are personal to the executor and cannot be delegated (unless expressly authorised by the testator)
- The executor will not be paid any remuneration for the role (again unless expressly indicated otherwise in the will)
- The executorship will last for a maximum of one year unless there are specific complications that justify an extension of that period.
- The executor is responsible for arranging to pay any taxes and other expenses payable, including funeral expenses.
Final comments
If there is a Spanish will, there is likely to be a clause in which an heir or a third party is appointed as executor of the will. Look out for references to the albacea. For potential beneficiaries under the will, it is important to have contact with this person so that your rights can be represented.
Previous: Legacies
Next: Intestacy
Key terms:
Albacea: Executor
Activo: Assets
Passivo: Liabilities
Heredero: Heir
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