13/12/2005 10:23 - Law Society in Probate Defence

The Law Society has intervened in the courts so that partners in solicitors firms appointed as executors in clients wills, should retain their appointment - even if the firm subsequently converts into a limited liability partnership (LLP).

Since 2003, the probate registrars have been rejecting applications for grants of probate from solicitors (other than those named in a personal capacity in the will) where partners in a firm had been appointed as executors, and the firm had later converted to LLP status. The Law Societys view is that this policy ignores the intentions of the person who made the will and just leads to extra costs and delay in administering the estate.

The Law Society hopes that the position will be clarified when the case of Estate of Edith Lilian Rogers deceased is heard in London early in 2006. At a recent preliminary hearing the court asked for the Attorney Generals advice on his interpretation of clauses in wills where executors are appointed. The Law Society hopes that the involvement of the Attorney General will lead to an outcome applicable to all cases in the future.

Kevin Martin, Law Society President, said: The probate registrars policy has caused problems for solicitors who have either had to contact clients to have new wills executed or go through costly administrative processes to allow them to act upon the death of a client. Relatives are often bemused at the delay and very frustrated with what should be a straightforward process which has now become complicated and costly.

Adrian OLoughlin, Chairman of the Law Societys Probate Section, said: "Where an individual has appointed the partners in a firm (or the firm that has succeeded to its practice) it is as clear as it could possibly be that they wanted their estate to be administered with the expertise or the independence which a firm of solicitors brings - no client in my view would make a distinction between the partners of an old style partnership and those of a Limited Liability Partnership.

Kevin Martin said: The sooner the courts can give effect to what the person who died clearly wanted the better for all concerned."