Guidance related to Rule B2.1: Mandates in Executries

Where there is a combination of solicitor and non-solicitor executors, a solicitor executor should not use his power as executor to secure the continuity of his acting as solicitor in the winding up of the estate. In such circumstances the solicitor may either cease acting or resign as executor.

If the solicitor ceases to act but remains as executor, he should bow to the wishes of the other executors on which practice unit should take over the administration of the estate. Failure to do so gives rise to a conflict between the interests of the executors and the interests of the practice unit.

If the solicitor decides to resign, he should obtain a receipt and comply with any mandate if the remaining executors resolve that another practice unit should act.

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