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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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Is it ok for one solicitor to handle 3 executors of a will

Resolved Question:

is it ok for one solicitor to handle 3 executors of a will when there is a disput between the parties. surely he can;t side with anyone therfore can't act and move things forward.
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. There is a clear conflict of interest here and the solicitor should have told one or more of the disputing executors to hire a different solicitor to represent them in the dispute. Essentially, what would normally happen is that the executors would each obtain separate legal representation and litigate the dispute between themselves, without the solicitor for the estate representing any of them. The reason for this is that if the solicitor for the estate represents one of the warring executors, he is in a conflict of interest with the other executors who he previously represented as he is in possession of confidential information about the matter which conflicts with his ongoing duty to the executor(s) he formerly represented.

Expert:  Buachaill replied 11 months ago.

2. So, the solicitor should have told each of the individual executors to seek alternative legal representation as he is in a position of a conflict of interest. If you are one of the executors, you should get yourself fresh legal representation and seek to correspond with the other executors about the dispute. Your new solicitor should also write to the solicitor for the estate and inform him that he cannot act for any one of the other executors as he is in a position of conflict of interest with you and the other executors. In this way the dispute can be resolved without the involvement of the solicitor for the estate.

Expert:  Buachaill replied 11 months ago.

3. Dear Nigel, please rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

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