Executries and Trusts

A solicitor who acts as an administrator of a client’s funds in a representative capacity, e.g. executor, may well consider that taxation of the account affords protection and reassurance to those interested in the estate. A report by the Auditor is appropriate in these cases.

A Solicitor who is a co-executor with an unqualified person(s) must not make a unilateral reference to the Auditor for taxation. Such a reference needs the concurrence of the other executor(s). The Auditor may require intimation of the taxation to be made to any other party with an interest in the residue of the estate.