The deceased appointed partners in a firm of solicitors to act as her executors. The firm merged into a limited liability partnership. The partners in the new firm appeal against refusal of the court to grant probate, the probate registrars having decided at conference ‘where a testator has made a will appointing partners in a firm as executors and the firm has subsequently converted to a limited liability partnership, applications for grants coming from members of the limited liability partnership will no longer be allowed. ‘
Held: Lightman J said ‘For testators adopting a clause in the terms of clause 2 of the Will the legal distinction between a solicitors’ partnership and a solicitors’ (confusingly named) limited liability partnership and between a profit sharing partner in a solicitors’ partnership and a profit sharing member of a limited liability partnership is likely totally to escape them, unless given a lesson in the law which they may well not follow. Even if they do grasp the distinction, they are likely to regard it as a distinction without any relevant difference for their purposes. ‘ Therefore: ‘upon the true construction of the Will probate should be granted to applicants who are profit sharing members of the LLP.’ However, only profit-sharing partners in a firm may be granted probate.
Lightman J
[2006] EWHC 753 (Ch), Times 03-May-2006, [2006] 2 All ER 792, [2006] 1 WLR 1577
Bailii
Citing:
Cited – In re Horgan ChD 1971
The court considered the form of appointment of a solicitor as executor in a will. The will had appointed a partnership firm of solicitors ‘who may act through any partner or partners of that firm or their successors in business at the date of my . .
Cited – Oswald Hickson Collier and Co (a firm) v Carter Ruck HL 1984
A firm is a partnership of two or more persons, and a one man practice is not a firm.
Lord Denning MR said: ‘It was submitted by Mr Cullen that – as the relationship between a solicitor and his client is a fiduciary relationship – it would be . .
Cited – Re Orwell’s Trust ChD 1982
The term ‘firm’ may include a company: ‘Whilst the term ‘firm’ in its narrowest sense is apt to describe an unincorporated partnership it is in ordinary usage frequently applied as a description of a private company.’ . .
These lists may be incomplete.
Updated: 28 January 2021; Ref: scu.240115 br>
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