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22 May 2015 / Sian Thompson
Issue: 7653 / Categories: Features , Legal services , Profession
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Square pegs in round holes

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The introduction of LLPs & ABSs has had unforeseen consequences for professional executors, says Sian Thompson

For over a century the legal structure of law firms was confined to sole practitioners and partnerships. When change arrived it has been recent and fast paced—in legal chronological terms at least:

  • 1890 The Partnership Act
  • 2001 Limited Liability Partnership (LLP) introduced
  • 2007 Alternate Business Structures (ABS) came into existence

Unsurprisingly, elements of the administration connected to these new forms of legal services have struggled to keep up with the legislative reforms.

The probate registry is no exception to this. The impact of LLPs upon probate practitioners was not addressed by the courts until 2006. An LLP is a legal personality separate from its members, but many standard will clauses appoint “the partners in the firm of”. Such was the will prepared in 1992 for Edith Rogers.

By the time of her death in 2003 her chosen law firm had merged to become part of an LLP. The Bristol Probate Registry refused to issue

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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