{"id":3697,"date":"2025-07-28T21:43:50","date_gmt":"2025-07-28T19:43:50","guid":{"rendered":"https:\/\/ra-cocron.de\/news\/munich-higher-regional-court-obligation-to-repay-excessive-remuneration-for-executors-of-wills\/"},"modified":"2026-02-01T14:37:43","modified_gmt":"2026-02-01T13:37:43","slug":"munich-higher-regional-court-obligation-to-repay-excessive-remuneration-for-executors-of-wills","status":"publish","type":"news","link":"https:\/\/ra-cocron.de\/en\/news\/munich-higher-regional-court-obligation-to-repay-excessive-remuneration-for-executors-of-wills\/","title":{"rendered":"Munich Higher Regional Court: Obligation to repay excessive remuneration for executors of wills"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\"><strong>Background to the decision<\/strong><\/h2>\n\n<p>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 \u20ac117,000, including interest, to the estate. The appeal was unsuccessful.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Details of the verdict<\/strong><\/h2>\n\n<p>Initial situation: The executor of the will had initially demanded proper remuneration, but later also withdrew an additional \u20ac27,000 as an advance from the estate \u2013 without any legal basis.<\/p>\n\n<p>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.<\/p>\n\n<p>Consequence: The full payment must be repaid. Furthermore, the heir may sue for the repayment, as such claims do not fall within the executor&#8217;s remit.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Relevance for practice<\/strong><\/h2>\n\n<p>Duty of care: Every access to estate assets must be legally secure and traceable.<\/p>\n\n<p>Strengthen inheritance rights: Legitimate heirs may take legal action against breaches of duty.<\/p>\n\n<p>&#8211; No personal use: The use of estate funds to pursue one&#8217;s own interests is prohibited.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Recommendations for those affected<\/strong><\/h2>\n\n<p>Testators\/Executors: Make clear arrangements regarding the appointment and handling of the estate \u2013 ideally with legal support.<\/p>\n\n<p>Co-heirs\/community of heirs: Have compensation claims regularly reviewed and consider taking legal action early if there are any doubts.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Conclusion:<\/strong><\/h2>\n\n<p>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.<\/p>\n\n<p>Do you want to secure the execution of a will or have claims reviewed?<\/p>\n\n<p>The law firm Cocron GmbH &amp; Co. KG provides reliable support throughout Germany \u2013 in Berlin, Munich and beyond.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 \u20ac117,000, including interest, to the estate. The appeal was unsuccessful. Details of the verdict Initial situation: The executor of the will had initially [&hellip;]<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","news-kategorie":[30],"class_list":["post-3697","news","type-news","status-publish","hentry","news-kategorie-erbrecht"],"_links":{"self":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news\/3697","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news"}],"about":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/types\/news"}],"wp:attachment":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/media?parent=3697"}],"wp:term":[{"taxonomy":"news-kategorie","embeddable":true,"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news-kategorie?post=3697"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}