92-01 : Lawyer Acting Simultaneously as Personal Representative & Solicitor for Estate

It has come to the attention of the Society that there appears to be some inconsistency and uncertainty among members of the profession as to the appropriate procedure for handling the funds from an estate when a lawyer is acting in the dual capacity of personal representative and solicitor for an estate.

The Discipline Committee wishes the profession to be aware that in those situations where a lawyer is acting as the executor or administrator of an estate, and at the same time is performing the legal services that would normally be performed by the solicitor retained to act for the estate, then all funds deriving from the estate must be treated as client trust funds and dealt with accordingly as required by the Society’s trust account rules.

(May 1992)