Facts
The case concerns the determination of the compensation owed to the testamentary executor [B.] by the heirs [A.] and D. [A.] has contested the fee invoiced by [B.], considering it excessive. The case has gone through various judicial instances, up to the civil appeal filed by [A.] with the Federal Tribunal.Considerations
The Federal Tribunal dismissed A.'s appeal. The Court ruled that, in this case, the agreement concluded between the heirs and the testamentary executor regarding the latter's compensation is valid and binding. According to Art. 517 para. 3 CC, the testamentary executor is entitled to fair compensation for his services, but the compensation arrangements set by the testator are not binding. However, in the case at hand, the heirs participated in determining the basis for calculating the compensation, accepting the proposal of the testamentary executor.
The agreement on the remuneration is a private law contract, governed by the provisions on the contract of agency (Art. 394 et seq. CO). In principle, the heirs and the testamentary executor are free to set the amount of the remuneration, and the court cannot intervene to verify its compliance with Art. 517 para. 3 CC and to determine a "fair compensation". The agreement can only be invalidated for defects of consent, violation of public policy or…