We are acting for a beneficiary of an estate where her brother was Executor of the Will but administered the estate negligently causing loss to our client. Litigation ensued and the court removed him as an Executor and appointed another law firm as professional executors instead.
My question is: can our client sue her brother for negligence? Or are there some fiduciary principles that attach the liability in negligence to the professional Executors, as it would for trustees or partners?
Barrett & Co Solicitors LLP