The Law Society’s Library provides information and details of precedents relating to the appointment of a firm of solicitors as executors.
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Appointing a firm of solicitors as executors
According to Tristram & Coote’s Probate Practice. 31st ed. (2015), paragraph 4.41, if a firm of solicitors is appointed executors, the appointment applies only to the members of the firm at the date of the will of the testator, unless a contrary intention is expressed in the will, the appointment being regarded as of the individual members constituting such firm at the date of appointment.
For more information see:
Tristram & Coote’s Probate Practice. 31st ed. (2015), paragraphs 4.41-4.44.
Williams, Mortimer and Sunnucks, Executors, Administrators and Probate. 20th ed. (2013), paragraphs 3-10, 21-36 and 24-13.
Precedents for will clauses and relevant oaths
Butterworths Wills, Probate and Administration Service (looseleaf)
Precedent 5.24 Appointment of solicitors firm (with optional wish for named partner to accept appointment)
Precedent 5.25 Appointment of solicitors firm and primary appointment of named partner
Precedent 3.1 Oath for probate where partners in a firm (probate practitioners) appointed as executors and firm has converted to limited liability partnership (LLP) or other incorporated practice
Precedent 3.2 Oath for probate where directors/members of an incorporated practice/limited liability partnership appointed as executors by reference to them being such directors/members
Williams on Wills. 10th ed. (2014)
Form B3.10: Appointment of members of solicitors incorporated practice including a limited liability practice
Form B3.11: Appointment of members and employees held out as partners of solicitors incorporated practice including a limited liability practice
Form F2.3: Words to be included in executors oath where partners in a solicitors’ firm or members of an LLP or incorporated practice have been appointed executors
Practical Will Precedents (looseleaf)
Precedent F3d(2): Appointment of members in a limited liability partnership as executors
Precedent for wording of executors oath
Probate Practice Manual (looseleaf)
Para. C6.8A: contains commentary of the wording to be used in an oath where a firm was appointed executor rather than an individual solicitor
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