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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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