header-logo header-logo

Square pegs in round holes

22 May 2015 / Sian Thompson
Issue: 7653 / Categories: Features , Legal services , Profession
printer mail-detail
nlj_7653_thompson

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll