34-050 Common situations in which the self-dealing rule may apply
There are perhaps five main situations in which the self-dealing rule commonly arises as problematical. It is not, in general, wise for personal representatives to make agreements with any of the following:
Agreement with a co-administrator: An administrator has no power under the general law to make a compromise or contract with his co-administrator.12 This is consistent with the fact that administrators are chosen by the court, not by the deceased.
Agreement with a co-executor: On the authorities, the position is uncertain13 and the sensible view remains that an executor would be unwise to compromise or contract with his co-executor. In New Zealand14 and Ireland,15 there is no such power.
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