Questão jurídica principal
Whether an executor may collaborate in the same law office with counsel representing an individual heir.
Decisão extraída
Such a constellation is incompatible with the executor’s duty of independence and equal treatment of all heirs because it creates an evident conflict of interest and may give one heir an information advantage.
Fundamentação extraída
The interests of the estate and the heirs' community are not identical to those of any single heir. Since each heir may challenge the executor’s decisions, the lawyers may have to act against each other. If the executor works in office partnership with one heir’s lawyer, independence is compromised and the executor can no longer ensure equal treatment, especially where the heir’s lawyer gains access to the executor’s files.