In the intriguing realm of legal matters, fairness doesn’t always equate to equality. Much like the challenges of balancing pizza slices among children, the nuances of executorship demand a pragmatic approach. This article delves into the complexities faced by executors and trustees, exploring instances where maintaining a neutral stance might not be the most effective strategy.
In the author’s life, questions from Deceptively Angelic Looking Children (DALCs) prompt a reflection on the concept of ‘fair.’ From unequal pizza slices to varied sleepovers, life’s scenarios teach that fair doesn’t always mean equal. Drawing parallels to the author’s experiences, the article addresses the legal domain, emphasizing that executors and trustees need not be relentlessly neutral in all situations.
The narrative unfolds with a comparison to media reporting, highlighting that neutrality doesn’t necessitate presenting opposing views when discussing evident facts. Applying this logic to the legal context, the article argues that executors should exercise judgment in certain scenarios, challenging the notion of absolute neutrality.
The author expresses frustration with some legal practitioners who use neutrality as a shield, avoiding necessary conversations and decisions. Instances are cited where executors and trustees should deviate from strict neutrality, such as when claimants or their solicitors act unreasonably, or when investigating potential wrongdoing.
The article advocates for a balanced approach, acknowledging that while maintaining neutrality is crucial for certain aspects of executorship, it should not hinder practicality, proactivity, or the pursuit of justice. Treating beneficiaries differently may be warranted, mirroring the real-world example of unequal pizza distribution.
Finally, the article concludes with a reminder that being practical and sensible, coupled with awareness of one’s limitations, is essential for effective executorship. Seeking legal counsel when in doubt ensures a well-rounded and fair approach to navigating the complexities of legal matters.
Source: Mother in Law: Don’t get stuck in neutral | Law Gazette
#LegalNeutrality #Executorship #LegalPragmatism #FairVsEqual #LegalChallenges
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