Q&As

If a Will of a deceased person appoints a lay executor and two partners of a law firm (which, since the date of the Will, has been incorporated), are two directors of the incorporated firm able to take the grant of probate even if they were not directors at the time of death?

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Published on LexisPSL on 21/05/2020

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

  • If a Will of a deceased person appoints a lay executor and two partners of a law firm (which, since the date of the Will, has been incorporated), are two directors of the incorporated firm able to take the grant of probate even if they were not directors at the time of death?

The effectiveness of the clause appointing executors will depend on the precise wording used in the testator's Will and the particular circumstances of the successor incorporated firm. However, where the Will specifies that the appointment relates to the partners as at the date of the testator's death, it seems unlikely that individuals who were not members of the successor limited liability partnership (LLP) as at the date of death would be included.

As a general rule, where the firm has become an LLP between the making of the Will and the testator's death the appointment of the partners in it may still be effective. In Re Rogers dec'd, it was held that, on a strict construction of the relevant clause, the members of the LLP were not entitled to a grant as the LLP was not a fi

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