In this article, Roddy MacLeod discusses the potential problems arising when a person holding a power of attorney also performs the role of executor after the grantor's death. He compares the duties held by attorneys and executors towards a testamentary beneficiary and considers the remedies available under Scottish law to a beneficiary, both before and after the grantor's death, for an attorney's breach of duty.

This article was first published in Juridical Review (Jur. Rev. 2014, 4, 281-286) and is reproduced here with the kind permission of W. Green, the Law Publishers.