Source: Taxation In Australia Journal Article
Published Date: 1 Sep 2017
Acting for and advising an executor or trustee may involve consideration of competing interests of various family members and beneficiaries of the estate or trust. The client, of course, is the executor or trustee and the adviser's duty is to advise that client and to look after that client's best interests. The executor or trustee, however, will often have competing interests and obligations to various family members and beneficiaries. Providing the executor or trustee with the best advice to deal with those competing interests and obligations necessarily involves providing advice which may or may not be desired advice from the beneficiary's perspective. This will often, in turn, lead to dispute and conflict. This article identifies where those areas of dispute and conflict are likely to arise and how the adviser may best manage such issues for the benefit of the client.
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