header-logo header-logo

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

Square pegs in round holes

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll