Q&As

A Will appointed 'my solicitors and no more than two of the partners' to be the executors and trustees of the Will. The solicitors wish to renounce. There were three partners as at the date of death. There are now only two. Can the two current partners sign the deed of renunciation or does the former partner also have to sign?

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Produced in partnership with Marisa Lloyd of Parklane Plowden Chambers
Published on LexisPSL on 26/04/2016

The following Private Client Q&A Produced in partnership with Marisa Lloyd of Parklane Plowden Chambers provides comprehensive and up to date legal information covering:

  • A Will appointed 'my solicitors and no more than two of the partners' to be the executors and trustees of the Will. The solicitors wish to renounce. There were three partners as at the date of death. There are now only two. Can the two current partners sign the deed of renunciation or does the former partner also have to sign?

An executor derives his title and authority from the will of his testator. Therefore, the property of the deceased, including any right of action, vests in the executors on the testator's death.

The clause in the Will which provides for the appointment of 'my solicitors … and no more than two of the partners' to be executors and trustees of the Will is not specific as to the individual solicitors to be appointed.

In accordance with previous case law, the clause is likely to be viewed as the appointment of all the partners

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