Should An Attorney Also Act As Executor?

It is not unusual for a loved one to appoint their financial attorney to also act as their executor, once they pass away.

This is often very sensible when the attorney is a close trusted family member, friend or advisor who already has a detailed understanding of that individual's finances.

It can also happen by default if there is no Will, and the attorney is the individual entitled to apply for a Grant under the rules of intestacy.

However, increasingly, one individual adopting both roles can lead to issues and disputes – particularly when there is distrust in the family and issues are then raised about that executor's potential misconduct during their time as attorney.

These issues often come to the boil once a loved one has passed away and other family members are disappointed to learn that the estate is not as large as they were expecting.