{"id":4734,"date":"2022-06-06T09:00:00","date_gmt":"2022-06-06T08:00:00","guid":{"rendered":"https:\/\/ctt-group.co.uk\/?p=4734"},"modified":"2023-10-25T14:36:00","modified_gmt":"2023-10-25T13:36:00","slug":"the-value-of-professional-executors-trustees","status":"publish","type":"post","link":"https:\/\/ctt-group.co.uk\/the-value-of-professional-executors-trustees\/","title":{"rendered":"The Value of Professional Executors & Trustees"},"content":{"rendered":"
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\u201cThe worst kind of trust and inheritance litigation \u2026\u201d is how the judge referred to the situation in\u00a0<\/strong>Batt v Boswell [2022] EWHC 649 (Ch).<\/p>\n

The case dealt with an inheritance dispute between two siblings over their late parents\u2019 estate. The father died a few years before the mother. For his estate, the mother and brother were trustees, whilst both siblings were appointed executors of the mother\u2019s estate. When the mother passed away, the brother brought a claim to remove the sister as co-executor of their mother\u2019s estate, claiming conflict of interest.<\/p>\n

At that stage, the sister was bringing an action against the mother\u2019s estate, alleging breach of trust. The dispute arose due to confusion over trust money and personal money. She felt that her mother did not act in accordance with the father\u2019s trust and that her portion of the fund had diminished as a result.<\/p>\n

The court held that the sister should have removed herself as co-executor. As a beneficiary of her father\u2019s trust, she was bringing claims against her mother\u2019s estate, of which she was a co-executor. As a result, she was in a state of \u201cirreconcilable conflict.\u201d<\/p>\n

In this case, the family could have avoided many issues that arose by appointing professional executors<\/a> and trustees.<\/a> Professionals would:<\/p>\n