Q&As

A and B are appointed as executors under the deceased’s Will. A, B and C are the beneficiaries of the entire estate. The estate includes a property. A wants to purchase the property. Can A and B sell the property to A? Does the self-dealing rule prevent such a sale? If A and B cannot agree the sale price, what action could A take (in his capacity as beneficiary or executor) to force the sale?

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Published on: 15 March 2023
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These duties of the personal representative are of a fiduciary nature. The personal representative must act in good faith and cannot put themselves in a position whereby there is a conflict of interest between their interests and those of the estate: Broughton v Broughton . The question raises a potential conflict of interest as the personal representative is also a beneficiary.

Where a personal representative is faced with a conflict of interest and the Will does

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United Kingdom

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