Would there be any issue if a person represents and executor and a beneficiary of will if they are different people or would this constitute a conflict of interest.
Kind Regards
Awais Mahmood
Although not a solicitor, I would think so, yes.
Obviously if both parties agree about everything this would not of itself be a problem, but if any disagreement should arise between the parties how would you propose to deal with that?
Maxine
I’d say it entirely depends on the circumstances and the nature of the advice being given to the beneficiary (assuming the executor is being advised on the administration of the estate). The family may all be pre-existing clients of the firm and/or, as in many cases, the advice being given may be unlikely to result in a conflict (say, advising the beneficiary on a deed of variation or sale of an inherited asset).