The Law Society’s Library provides information and details of precedents relating to the appointment of a firm of solicitors as executors. 

The Law Society Library maintains a database of enquiries called Common Queries. These include results from research to find forms, precedents, rules, regulations and guidance. These records can be freely accessed via the library catalogue Library Knowledge Base

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)

Section A

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

Section D

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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While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.