UK Law Society Welcomes Judgement On Solicitors As Executors

by Robin Pilgrim, LawAndTax-News.com, London

13 April 2006

A judgement handed down on April 6, which ruled that partners in solicitors’ firms appointed as executors in clients’ wills will retain their appointment, even if the firm subsequently converts into a limited liability partnership, has been welcomed by the UK's Law Society this week.

The case turned on the construction of the will of Edith Lilian Rogers, for which the partners of Lawrence Tucketts or its successor practice were appointed as executors.

Since 2003 the District Probate Registrars have been refusing to recognise members in an LLP as successors to the practice of a particular partnership.

The Law Society announced on Monday that Mr Justice Lightman had handed down a judgement of "huge significance" to all solicitors operating as LLPs, or contemplating doing so.

Kevin Martin, Law Society president, explained that:

”In some instances this problem has been a major obstacle to conversion to LLP status. It is a victory for clients who will no longer have to have new wills executed when the firm becomes an LLP. Solicitors will no longer have to go through costly administrative processes to allow them to act upon the death of a client.”

He added:

”The previous policy ignored the intentions of the person who made the will and resulted in extra costs and delay in administering the estate. This is a fantastic result for practitioners and their clients.”

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