Can the heirs grant powers to the liquidator? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Succession settlement process > Can the heirs grant specific powers to the liquidator?

Can the heirs grant specific powers to the liquidator?

Yes.

When the will does not grant certain powers to the executor or in the absence of a will, the heirs may authorize him or her to exercise certain powers that are not automatically granted to him by law.

Depending on the nature of the powers granted, particularly when it comes to authorizing the sale of real property forming part of the estate or to perform other acts that exceed the liquidator’s ordinary powers, the unanimous consent of the heirs is required.

If such unanimity cannot be obtained, the liquidator or any other interested party may, in certain cases, apply to the court for authorization to perform the proposed act.

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