The Executry Practitioners (Scotland) Regulations 1997

Potential conflicts of interest between clients

11.—(1) Subject to paragraph (2), where an executry practitioner (whether before or after accepting instructions to provide a client with executry services) knows, or ought reasonably to know, of circumstances that may result in an actual conflict between the interests of that client and any other person who is a client either of the executry practitioner or of an associate, the executry practitioner shall not act or, as the case may be, shall cease to act for that client or those clients.

(2) Where an executry practitioner would otherwise require not to act or to cease to act for a client or clients of his in pursuance of paragraph (1), he may act or continue to act for that client or those clients (“the chosen client or clients”) if–

(a) he considers that it would be in the best interests of that client or those clients that he act or continue to act for him or them;

(b) he notifies all of those clients in writing–

(i) of the circumstances that may result in an actual conflict between the interests of the chosen client or clients and any other person who is either a client of the executry practitioner or of an associate; and

(ii) that the provisions of paragraph (1) would require him not to act or, as the case may be, to cease to act for those clients but he considers that it would be in the best interests of the chosen client or clients that he act or continue to act for him or them;

(c) the client or clients for whom the executry practitioner is already acting agrees or agree with him in writing that, notwithstanding the provisions of paragraph (1), the executry practitioner may act or continue to act for the chosen client or clients.