Q&As

A Will contains an executor appointment clause appointing the partners in a firm as at the date of death or a firm which has succeeded to and carries on their practice, taking into account conversion to an LLP (see example below). Where the firm has converted to an LLP and formed a trust corporation, does an executor appointment clause such as the one below enable the trust corporation to be appointed executor?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 25/06/2020

The following Wills & Probate Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • A Will contains an executor appointment clause appointing the partners in a firm as at the date of death or a firm which has succeeded to and carries on their practice, taking into account conversion to an LLP (see example below). Where the firm has converted to an LLP and formed a trust corporation, does an executor appointment clause such as the one below enable the trust corporation to be appointed executor?

What would be the effect of the following example clause to appoint executors?:

I appoint the partners [including salaried partners] in the firm of [name] [of [address] OR who practice at the office of the firm at [address] at the date of my death or the firm which at that date has succeeded to and carries on their practice to be the executors and trustees of this will and in the event of such firm being incorporated as either a limited company or a limited liability partnership at that time then I appoint the [directors and] shareholders to be the executors and trustees of this will and I express the wish that [2] and [2] only of the [partners OR shareholders [and directors] as the case may be shall act as such executors and trustees and I direct that those who first prove this will shall be the executors and trustees of my estate.

Where the partners (at the date of death) in a firm of solicitors are appointed as executors, this extends to all the profit sharing partners in the firm at the date of the testator’s death. Unless the appointment also includes salaried partners or employees or consultant solicitors etc, this does not extend to them as they are employees of the firm.

Following section 1 of the Limited Liability Partnerships Act 2000, solicitors have

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