Winding-up administration when doing it together does not work

Sometimes heirs cannot wind up the estate together. A quarrel, silence or contradictory instructions make an ordinary discussion unworkable. Winding-up administration (afwikkelingsbewind) is then a legal figure in which someone takes the winding-up in hand. In the file that is not a status you click on because the atmosphere is bad. It is an appointment. The appointment comes from the will or from a decision of the court. Without one of those two sources there is no administrator on the list.

The will can contain the designation. Then the passage belongs in the file, with the deed as the source and with the name of the person designated. The court can designate someone if the heirs cannot work it out together and someone has asked the court. Then the court order is the source, with the date and the name. An intended request is not yet an appointment. The request can stand as correspondence on the timeline. The role arises only with the decision or with the deed.

The person designated stands as a separate person involved. The role is winding-up administrator, not executor, unless a document also gives that other role. The heirs remain heirs. Their fractions do not disappear because someone is doing the winding-up. What the administrator may do comes from the decision or from the will. Managing, selling or distributing is filled in only if the document says so. The program does not derive a broad power of attorney from the single word administration.

An app appoints no one. Neither does Ervazo. A workspace can order the documents and show who has been given which task. It cannot replace the appointment. Messages between heirs remain messages. They are not promoted to a court order. If a quarrel is in the notes, that remains a note about the relationship. The note is not a ground for giving a person involved the role of administrator. A quarrel is not an appointment.

Ervazo draws up no deed and files no request with the court. It orders the appointment if there is one and does not calculate by way of advice. It makes no payment. A note about a conflict remains a note. Without a source the role stays empty. The civil-law notary, the court or the Dutch Tax Administration (Belastingdienst) decides the specific case. As long as neither the will nor the court has designated someone, there is no winding-up administration (afwikkelingsbewind) in the file.