Kernrechtsfrage
Whether the executor has standing to challenge the cost order in a pending case after the testator's death
Extrahierter Entscheid
Yes. The executor has comprehensive procedural standing and may act in pending proceedings, including against cost consequences.
Extrahierte Begründung
The executor is an active and passive procedural subject sui generis under Art. 518(1) CC; the heirs' procedural powers are displaced. This standing covers pending proceedings and all procedural acts and remedies, including objections to costs.