Q&As

A Will appoints the partners of a law firm at the date of death as executors and trustees along with the testator's spouse. The partners would like to disclaim their entitlement to act as trustees and have not taken any steps in relation to the Will trust. Will this need to be the current profit-sharing partners in the firm, or would it be the profit-sharing partners as at the date of the testator's death who would need to disclaim as trustees? Should all of the relevant partners disclaim?

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Published on LexisPSL on 21/05/2021

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

  • A Will appoints the partners of a law firm at the date of death as executors and trustees along with the testator's spouse. The partners would like to disclaim their entitlement to act as trustees and have not taken any steps in relation to the Will trust. Will this need to be the current profit-sharing partners in the firm, or would it be the profit-sharing partners as at the date of the testator's death who would need to disclaim as trustees? Should all of the relevant partners disclaim?

A Will appoints the partners of a law firm at the date of death as executors and trustees along with the testator's spouse. The partners would like to disclaim their entitlement to act as trustees and have not taken any steps in relation to the Will trust. Will this need to be the current profit-sharing partners in the firm, or would it be the profit-sharing partners as at the date of the testator's death who would need to disclaim as trustees? Should all of the relevant partners disclaim?

This Q&A assumes that the appointment of the partners of the law firm as executors (alongside the testator's spouse) has been accepted and the partners only wish to disclaim the trusteeship of the ongoing Will trust(s).

The formalities for the partners to disclaim the ongoing trusteeship will depend on the precise terms of the testator's Will.

Depending on the wording used in the Will, it is usually the case that the appointment of partners of a law firm as executors and trustees refers to the partners as at the date of the testator’s death, it is those partners (at the date of death) who are appointed as executors and who are also appointed to act as trustees of any ongoing trusts after the end of the administration period. In some cases, the Will may specify that only those partners

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