There is a conflict of interest when you are serving or attempting to serve two or more interests which aren’t compatible. A conflict of interest may be described also as a conflict of duties or a conflict between interests or as a conflict between interest and duty.
My mothers new 2014 Will makes Bristol Barrister David Cotterell sole executor.
Despite being executor, David Cotterell has attempted to keep the funds in mothers accounts (approx. £70,000) by survivorship. This would be contrary to the benefit and wishes of the beneficiaries and surely a conflict of interest. Some time prior to mothers death the accounts had been changed into joint names (David Cotterell & Mother). David said this was to aid administration. David Cotterell has since attempted to claim £70,000 as his own by survivorship. After issuing proceedings against David Cotterell he has now returned the funds to the estate – conflict of interest?
RAF Pension of my father
Much of the money in my mothers accounts (which David Cotterell had control over unknown to me prior to my mothers death) contained money from my biological fathers RAF pension (about £1000/month over many years). David Cotterell (now sole executor) attempted to claim this for himself despite it not being his father, denying the beneficiaries (my sister and me) proceeds of the will.
David Cotterell also spent nearly £20,000 of the estate funds on legal costs which served to enhance his personal tax position. We (the beneficiaries) were forced to issue proceedings against David Cotterell (the sole executor) to recover a portion of these funds – surely this is a conflict of interest?
When an executor agrees to serve on behalf of the deceased, they commit to acting in the best interest of the estate and its beneficiaries. Surely fighting the beneficiaries through solicitors to keep money for himself is a clear conflict of interest? Also, I would think the fact that David is a barrister makes his actions even more reprehensible?
IC: Well the only thing I can do is talk to David about it. He has promised me on his honour that he will see you get half the house
He’s afraid, he doesn’t want you to lose out
Do you think I would do my brother out of what you wanted him to have?
His main concern was for you
I will pay you . . . .