The executor in the new succession, vital, digital and business realities. A complex figure with a long tradition and a convenient projection today

Abstract

Approaching the study of a figure with a long tradition is interesting because its survival over time evidences its interest, usefulness and effectiveness in legal practice. In addition, the executor shows a complexity that requires an abundance of points of the institution in order to deepen its clarification, while at the same time, by requiring comparison with other categories, it suggests an enriching work of contrast. In addition to all this, there are new issues and needs that the executor will serve in an ideal way to manage digital content of the deceased, to execute provisions committed to bioethics. In fact, the living will and the digital will justify the use of the executor by encouraging this testamentary designation, which adds to the complications that at present presents both at the most personal level and in the patrimonial order, such as the necessary harmonization and satisfaction of the interests of heirs of different marital ties and the demands of the administration and management of patrimonial assets increasingly linked to companies all the more so when it comes to family business and possible succession agreements must be taken into account. The interest of the executor’s task is explained, in addition, by the advantage of contributing to the out-of-court settlement of conflicts of interest that the succession exposes.