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Conflict of interest

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  • Conflict of interest

    4x executors
    3 agree
    1 disagree
    solicitors handling estate for the last 15 months
    1 executor has been misappropriating funds of the late adult.
    3 executors have been asking solicitors questions - no meaningful reply.
    Solicitors now cite conflict of interest and in effect want to switch off the lights, no offer of mediation, nothing.
    any advice greatly appreciated as to the next steps.
    Tags: None

  • #2
    Who employed solicitors?

    Comment


    • #3
      The 1 executor who held Scottish power of attorney ran away to a solicitor after poa ended on death in the hope the other 3 executors would sign things off. Solicitor she engaged took everything incorrectly at face value and of course has now found out the correct picture, hence why he wants to put the lights out as per coi. Cover their own ar53s. Appreciate any further advice you may have.

      Comment


      • #4
        No enough information to form an opinion

        Comment


        • #5
          Generally if one executor individually appointed a solicitor that solicitor cannot pass info to the other executors without authority of the instructing solicitor.
          You might have to instruct your own solicitor, or take steps to have her removed.

          However this is Scotland so tagging ScottishSolicitor for you

          Comment


          • #6
            Perhaps I did not explain things correctly, all 4 executors had to prove to solicitor acting for the estate who they were via personal I’d, so in effect they were representing all 4 executors and solicitors now call coi.

            Comment


            • #7
              Originally posted by Scottrain View Post
              Perhaps I did not explain things correctly, all 4 executors had to prove to solicitor acting for the estate who they were via personal I’d, so in effect they were representing all 4 executors and solicitors now call coi.
              Now you have completely confused the post, who instructed the solicitor, one executor acting alone, one executor acting for all. Just because a solicitor asks for identification does not mean they are acting for that person.

              Comment

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