Partner Article

Where there's a will there's a way

With Watson Burton LLP Law FirmIn the recent High Court test case of Edith Lilian Roger Deceased ([2006] EWHC 753 (Ch)), Mr Justice Lightman provided a common sense solution to a practical problem by allowing partners in solicitors’ firms to retain their appointment as executors of a Will despite reconstitution of the partnership as a Limited Liability Partnership (LLP).The Law Society has assimilated traditional partnerships of solicitors and LLPs in all material respects as far as clients are concerned. The distinction bears little or no practical significance to clients – the person appointed as their executor or trustee is still personally liable for breaches of duty, the same restrictions for appointment apply and both must hold indemnity insurance. It therefore seems to add confusion and frustration that the distinction should obscure the intentions of the deceased and cause expense and delay in the administration of their estate.When making her Will, Mrs Roger appointed two partners in a Bristol firm as her executors using a standard form clause. This clause enabled succeeding partners to act for her whether the firm remained as it was or whether it was sold or amalgamated with another. Before Mrs Roger’s death, the firm reconstituted as an LLP – a change not contemplated by the wording of the Will.When the Will was presented to the local Probate Office, they refused to issue the Grant of Probate, a document enabling the terms of the Will to be enforced and the deceased’s estate administered accordingly. Without this document, it is difficult, and often impossible, to carry out the wishes of the deceased. To find out the outcome of this test case, please visit www.bdaily.info/wb_will.phpIf you have any queries in relation to this article, please contact Claire Banks at Watson Burton LLP (claire.banks@watsonburton.com)

This was posted in Bdaily's Members' News section by Ruth Mitchell .