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30th July 2019

Farmers Weekly Business Clinic: Can I challenge an executor’s decision?

Trustees have to follow the terms of the trust document, but a possible conflict of interest might put them in breach of their duties.

A recently deceased farmer has had his material property placed in a discretionary trust where it will be overseen by two executors, his own solicitor and an estate agent.

One of the property items is a bungalow which, according to the farmer’s will, must be offered to another member of his family at market value. However, the asking price has been determined by the estate agency executor rather than being based on an average value from three independent estate agencies (as requested by the beneficiaries).

In this month’s Business Clinic, Thrings associate solicitor Robert James discusses the course of action available to the executors of the trust, and explains whether the beneficiaries are entitled to mount a legal challenge.

Click here to read the full article in Farmers Weekly.

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