I would be grateful if someone could please update me as to whether it is or is not good practice to have salaried partners act as executors in wills where partners of law firms are appointed, and “partners” has not been defined in the will.
Thanks
Rafael Singer
Brightstone Law LLP
Hi Rafael,
In drafting Wills where we have been asked to appoint (a) professional executor(s), my approach is to appoint "the Partners at my death at the firm of [FIRM] to be Executors and Trustees of this my will. However, I do not want more than two of the Partners to apply for a grant of probate of this will. The reference to [FIRM] earlier in this paragraph includes any firm that has succeeded to, or is carrying on the practice of, [FIRM] at my death (including a firm that has been incorporated or formed a limited liability partnership)
By so doing, it remains flexible as to what class of Partner is able to act.
Michael Fogg
JMD Law