Ethical Challenges of Solicitor-Executor: Dual Role & One Estate – Leo Cussen Centre for Law

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Ethical Challenges of Solicitor-Executor: Dual Role & One Estate

Ethical Challenges of Solicitor-Executor: Dual Role & One Estate

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Legal practitioners who act as both a solicitor and executor in the administration of a deceased estate must navigate an ethical minefield. The distinction between legal work and executor responsibilities is critical, particularly when charging legal fees and or claiming executors' commission. 

This dual role raises complex issues of ethical conduct, conflicts of interest, fiduciary duties and if disputes arise, it may challenge the validity of the will itself. 

This seminar will discuss these issues and more including: 

  • Ethical delineation between solicitor and executor’s functions, responsibilities and duties. 
  • Can professional insurance extend to a solicitor-executor when not acting as a legal practitioner. 
  • Under what circumstances can solicitor-executors charge for legal services versus executor’s commissions. 
  • When can the will of a solicitor-executor be challenged. 
  • Recent case developments addressing solicitor-executors' conduct and fiduciary duties in contested wills. 


What is included:

Videos of the presentation in mp4 format.

Paper materials in pdf format.

* This Webcast does not allow WA practitioners to claim CPD points