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Square pegs in round holes

22 May 2015 / Sian Thompson
Issue: 7653 / Categories: Features , Legal services , Profession
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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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