Avoiding Conflicts of Interest
The executor must always put the interests of the beneficiaries ahead of his own and must be wary of any real or perceived conflict of interest.
Acting with Reasonable Care
The executrix has a fiduciary duty to manage the estate with a reasonable level of care, which generally means the same level of care that a prudent person would take in managing her own personal affairs.
Maintaining the Integrity of the Testator’s Intent
While the executor’s fiduciary duty is to the beneficiaries, he should also strive to carry out his duties in the way the testator intended. The testator may have attached a “letter of wishes” to the will. This document may provide guidance on how the executor should divide up the property, or what factors the executor should consider when making distribution decisions. While these are important documents, they are wishes, not binding directives