Does a person nominated in a will as an executor have an adverse interest in the estate?

California, United States of America


The following excerpt is from Estate of Cummings, 100 Cal.Rptr. 809, 23 Cal.App.3d 617 (Cal. App. 1972):

The fact that a person nominated in a will as an executor has an [23 Cal.App.3d 625] interest adverse to the estate does not in and of itself disqualify him for appointment as an administrator with the will annexed when the estate is left without a representative prior to completion of the administration. (Cf. Estate of Daigh, Supra, 59 Cal.2d 367, 368--369, 29 Cal.Rptr. 273, 379 P.2d 761, and cases cited.) In order to disqualify a person from acting as a representative of an estate due to a conflict of interest, his claim to property of the estate must be without sufficient reason or his conduct must evince a lack of integrity. (Gross v. Needham (1960) 184 Cal.App.2d 446, 462--463, 7 Cal.Rptr. 664.) It also has been held that the simple fact that one named as an executor in a will owes money to the testator does not disqualify him from serving

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