Q&As

A partnership of two partners dissolved in 2000. There was no partnership agreement and no record of how the partnership papers were to be owned following dissolution. Partner A died in 2010. Does his executor have a right of ownership in relation to the partnership papers? Or did ownership pass to the surviving partner by virtue of survivorship?

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Published on LexisPSL on 22/06/2016

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • A partnership of two partners dissolved in 2000. There was no partnership agreement and no record of how the partnership papers were to be owned following dissolution. Partner A died in 2010. Does his executor have a right of ownership in relation to the partnership papers? Or did ownership pass to the surviving partner by virtue of survivorship?
  • Rights of access to partnership books and papers
  • What happens on dissolution of a general partnership?
  • What happens on the death of a former partner?

The Partnership Act 1890 (PA 1890) is silent on this point and we have been unable to find case law on this specific point.

Rights of access to partnership books and papers

During the life of a partnership, the general rule is that all partners shall have the right to access the books and papers of the partnership, including the books of account. In practice, such books and papers are kept in a central location, and often within the possession of one partner.

What happens on dissolution of a general partnership?

In the absence of a partnership agreement setting out who is responsible for keeping and maintaining the records of the partnership post-dissolution, the default provisions of

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