Trusts and Estates
Executor neutrality in removal claims
Imagine the following scenario. You have been appointed as executor by a long-standing client, who has recently died. Two
of her children do not get on. The daughter argues that at a time when her mother was suffering from dementia and her capacity
was therefore in doubt, she entered into several lifetime transactions which benefited her brother and his family. The daughter
says those transactions should be investigated and argues that because you advised the mother in relation to the transactions,
and because you are in any event biased in favour of her brother, you are not sufficiently detached and independent to investigate
the transactions properly. She therefore asks you to resign as executor in favour of an independent professional. On the other
hand, the brother and his family argue that the sister’s accusations are wholly without merit and that you should stay in
office. What should you do?