You are a liquidator for a succession and you want to know if you have your right for remuneration. Because you worked restlessly to settle the Estate, to the detriment of your salary or career.
What if you are an heir and the liquidator at the same time?
Base principles re: Liquidator remuneration
Being a liquidator is a hard task, involving usually a lot of work. Art. 789 of the Civil Code reads:
The liquidator is entitled to the reimbursement of the expenses incurred in fulfilling his office. He is entitled to remuneration if he is not an heir; if he is an heir, he may be remunerated if the will so provides or the heirs so agree. If the remuneration was not fixed by the testator, it is fixed by the heirs or, in case of disagreement among the interested persons, by the court.
Therefore, if the liquidator is also an heir, his (her) rights for liquidator remuneration are limited.
Caselaw gives the idea of the base principles to the liquidator remuneration:
- A liquidator named in a Will has right for reimbursement of his reasonable expenses born in the exercise of his mandate;
- If a liquidator hires a professional (like a lawyer or an accountant) to help to settle the Estate (Succession), those professional fees are payable by the Succession;
- Some other expenses (like fuel) can be reimbursed by the Succession in certain circumstances;
- A liquidator doesn’t have to spend his own money to fulfil his duties;
- A liquidator can be reimbursed to the extent of the expenses undertaken in the name of the Succession;
How can we help
We are a law firm with concentrated experience in succession law. So we face the question of liquidator remuneration fairly often. There are two usual sutiations:
- You are a liquidator and not an heir. So we will try to negotiate your remuneration with all the parties involved. We’ll do so based on the law and applicable Court decisions;
- You are a liquidator and an heir at the same time. In this case we will try our best to negotiate for your first. If this is fruitless, we’ll apply for a Court order.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
