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2016•LSJ: Law Society of NSW JournalRequires access

Executors: When duty and personal interests conflict

Peter Baltins

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Abstract

A topic of considerable debate and some confusion amongst practitioners is how to advise their clients when they are named an executor in a will and they may have some claim on the estate or some other issue which may cause their personal interests to conflict with their duty as executor. Should the executor take up the appointment to administer the estate or should they renounce? Should beneficiaries take action to pass them over or have them removed? How can you protect your executor or trustee client?

About this research paper

What this paper is about

A topic of considerable debate and some confusion amongst practitioners is how to advise their clients when they are named an executor in a will and they may have some claim on the estate or some other issue which may cause their personal interests to conflict with their duty as executor. Should the executor take up the appointment to administer the estate or should they renounce? Should beneficiaries take action to pass them over or have them removed? How can you protect your executor or trustee client?

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Available abstract

A topic of considerable debate and some confusion amongst practitioners is how to advise their clients when they are named an executor in a will and they may have some claim on the estate or some other issue which may cause their personal interests to conflict with their duty as executor. Should the executor take up the appointment to administer the estate or should they renounce? Should beneficiaries take action to pass them over or have them removed? How can you protect your executor or trustee client?

Key concepts: Executor, Estate, Confusion, Duty, Action (physics), Business, Law, Law and economics

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