{
  "id": 18939482,
  "title": "Vermögen: Nach dem Tod – Manchmal braucht der letzte Wille einen Anwalt",
  "url": "https://urgent.news/2026/11/08/vermogen-nach-dem-tod-manchmal-braucht-der-letzte-wille-einen-anwalt",
  "topic": "business",
  "section": "Business",
  "published": "2026-11-08T13:05:25.000Z",
  "source": {
    "name": "Handelsblatt",
    "slug": "handelsblatt",
    "url": "https://www.handelsblatt.com/finanzen/vorsorge/altersvorsorge-sparen/vermoegen-nach-dem-tod-manchmal-braucht-der-letzte-wille-einen-anwalt/100254611.html"
  },
  "original_language": "de",
  "account": "After someone creates their last will, it is crucial to choose precise wording to avoid ambiguity and prevent unnecessary details from being officially recorded. Nevertheless, even with these rules, engaging a testamentary executor can be beneficial as it ensures the estate is distributed according to the testator's wishes and prevents disputes among heirs. However, many misconceptions exist about the role, necessity, and legal standing of testamentary executors. Two expert lawyers for inheritance law at a firm debunk ten common myths for the Handelsblatt magazine.\n\nMyth 1: The court appoints a testamentary executor if disputes arise. The testator, not the court, makes this decision. If the testator does not specify an executor in their will, the court cannot assign one. The testator also chooses who will take on this responsibility. Only if the named person is unable to serve, has passed away, or declines the position can the court appoint an alternative. The exact wording in the will is essential. For example, saying \"Paul Schmidt shall become the executor of the will\" instead of \"I appoint Paul Schmidt as the executor\" may raise questions about whether such an executor was desired if Paul were unavailable. Multiple backups should be named to ensure continuity if all primary candidates cannot serve.\n\nMyth 2: There are only two ways to distribute an estate after death. There are two main types: the execution executor distributes the estate among multiple heirs and enforces the testamentary gifts. This executor may also liquidate assets like real estate or bank deposits to distribute the proceeds to heirs. The permanent testamentary executor, on the other hand, is often used for minor heirs. Many clients instruct that their children continue the distribution until they reach 25 or 28 years old to prevent young adults from becoming overwhelmed by sudden wealth and potentially abandoning education or career plans. Similarly, a permanent executor may be appointed for heirs unable to manage their finances due to disability or high wealth that would reduce their entitlement to social benefits. The executor may also work with legal or tax professionals on specific issues, though they cannot delegate their role entirely. Having a neutral family member or child as the executor can help resolve disputes among siblings. However, if there is already conflict, a neutral third party is advisable.\n\nMyth 3: Only professionals can carry out a will. Although complex asset holdings may warrant professional involvement, a trusted person from the testator's private circle, such as a sister, uncle, or close friend, can also be chosen. The executor should have some financial understanding, though no specific training is legally required. The executor may consult professionals for individual legal or tax questions but must not delegate their primary responsibilities. If family relations are good, the surviving spouse can also serve as executor, making the distribution process smoother. Children could also take on this role. However, disputes among siblings can benefit from a neutral executor.\n\nMyth 4: Testamentary executors are always expensive. Legally, the executor can request \"a reasonable compensation, unless the testator has stipulated otherwise\" (Section 2221 of the German Civil Code). The testator thus decides the executor's payment. \"Reasonable\" compensation varies by case. Executors receiving legal fees may charge according to their professional association's guidelines, while those receiving hourly rates should follow the Deutsche Notarverein's recommendations, which consider the gross estate value at the time of death. Payment methods include a flat fee or hourly rate, depending on the estate's complexity and workload. Private individuals often perform the duties for free, receiving only reimbursement for expenses. The payment model depends on whether it's a standard execution or permanent testamentary execution.\n\nMyth 5: Testamentary executors are only needed when heirs are contentious. Testamentary executors are frequently appointed when heirs are already disputing the will. They can also prevent disputes by ensuring the testament is carried out properly. For example, if one child inherits the entire estate while another receives a specific inheritance, having the inheritor fulfill the legal and financial obligations of the deceased avoids conflicts. This arrangement is particularly beneficial as it clearly defines the inheritor's duties and rights, reducing the risk of future disagreements.",
  "summary": "Wer sicher gehen will, dass sein Testament richtig umgesetzt wird, kann einen Testamentsvollstrecker engagieren. Dazu gibt es aber einige typische Irrtümer. Profis erklären, was stimmt.",
  "key_points": [
    "Testamentary executors can prevent disputes over will execution.",
    "Executors may be professionals or trusted private individuals.",
    "Executors receive reasonable compensation based on case specifics."
  ],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}