Background to the decision
On April 7, 2025, the Higher Regional Court of Munich (Case No. 33 U 241/22) ruled that an executor of a will must repay excessive compensation of over €117,000, including interest, to the estate. The appeal was unsuccessful.
Details of the verdict
Initial situation: The executor of the will had initially demanded proper remuneration, but later also withdrew an additional €27,000 as an advance from the estate – without any legal basis.
Judicial assessment: The Higher Regional Court of Munich considered this behavior a serious breach of duty and retroactively denied the enforcement officer any claim for compensation.
Consequence: The full payment must be repaid. Furthermore, the heir may sue for the repayment, as such claims do not fall within the executor’s remit.
Relevance for practice
Duty of care: Every access to estate assets must be legally secure and traceable.
Strengthen inheritance rights: Legitimate heirs may take legal action against breaches of duty.
– No personal use: The use of estate funds to pursue one’s own interests is prohibited.
Recommendations for those affected
Testators/Executors: Make clear arrangements regarding the appointment and handling of the estate – ideally with legal support.
Co-heirs/community of heirs: Have compensation claims regularly reviewed and consider taking legal action early if there are any doubts.
Conclusion:
The Higher Regional Court ruling makes it clear: Anyone who violates their duties as executor of a will must expect to lose their entitlement to compensation. Transparency and legally sound conduct are essential.
Do you want to secure the execution of a will or have claims reviewed?
The law firm Cocron GmbH & Co. KG provides reliable support throughout Germany – in Berlin, Munich and beyond.
