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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅴ Succession
Article 1209
A testator may by will designate an executor or entrust a third person to do so.
A person so entrusted must, without delay, designate an executor and notify the heir thereof.
Article 1210
A minor or a person who is subject to the order of the commencement of guardianship or assistantship may not act as executor of a will.
Article 1211
Where a will has not designated an executor or entrusted another person to make the designation, the family council may elect an executor. Where cannot be elected by the family council has failed to elect an executor, an interested party may apply to the court to designate one.
Article 1211-1
An executor of a will is entitle to equitable remuneration for his or her performance of duty, the amount of which shall be determined by agreement between the heir(s) and the executor, unless the testator instructs otherwise. The court shall determine the amount of remuneration when the parties fail to reach an agreement.
Article 1212
The custodian of a will must, as soon as he has knowledge of the opening of the succession, shall deliver the will to the will executor; and use proper method to inform those known heirs. For those who have no will executors shall inform known heirs, debtors, legatees, and any other interested persons. The same applies in case an heir discovers the will of which there is no custodian.
Article 1213
A sealed will may not be opened unless in the presence of the family council or the office of public notary in the Court.
Upon opening of the will pursuant to the preceding Subparagraph, record for whether or not the sealed will is damaged or whether or-not there iss any particular matter shall be made and signed by persons present.
Article 1214
After an executor comes into office, if it is necessary to draw up an inventory of the property related to the will, he must without delay draw up such an inventory and deliver it to the heir.
Article 1215
An executor is under an obligation to manage the property of the deceased and to do all acts necessary for the execution of his duty.
The executor is deemed to be the agent of the heir in regard to acts done by him in the course of performing his duty as provided in the preceding Paragraph.
Article 1216
While an executor is executing his duty, an heir may not dispose of any property related to the will, or obstruct the executor in the execution of his duty.
Article 1217
Where there are several executors, their duties are performed in accordance with a majority vote; but if a special intention is declared in the will, such intention has to be followed.
Article 1218
If an executor neglects his duty, or if there be other grave causes, an interested person may apply to the family council for the election of another executor. If the executor in question was designated by a court, an application may be made to the court for the designation of another.