Is it permissible for an executor who is also a beneficiary of a will to enter into negotiations with another beneficiary which results in the latter signing an agreement to accept less than the testator bequeathed ?
By: דיאנה שאלתיאל•Published on: 13 May, 2022No – where the executor is also a beneficiary there is a clear conflict of interests between his role to execute the will and his interest to gain under it as a beneficiary. Where there is a problem in executing the will for some reason, then the executor should ask the court for instructions , and in any event, if an agreement is reached whereby the other beneficiary accepts a lesser sum , it would need court approval.