Will Interpretation - Executor Clause


(Jade) #1

By means of background, my firm ‘X’ took over firm ‘Y’ several years ago and therefore firm ‘Y’ no longer exists.

The Will appointed two ex-partners of firm ‘Y’ by name- no mention of them taking the role in their capacity as partners but there is an explicit charging provision in the Will suggesting they were taking their role in a professional capacity.

The Will names them personally and gives Firm Y’s name and address as their contact address. Both of the named executors no longer work for Firm X- I understand one has retired but the other is still in practice. Am I right in thinking that as the Will has appointed them in their personal capacity (rather than naming the partners of firm ‘Y’ to be executors) that they will take the Grant and it will not be possible for the partners of Firm X to take the Grant by succession?

Jade Paine
Q S Howlett Clarke


(andrew.goodman) #2

Sounds correct to me. I don’t think there is any room for doubt.

Andrew Goodman
Osborne Clarke LLP


(mullenky) #3

Jade – have you been able to consider the terms by which your firm took
over firm Y ?

It is possible that this includes some provision such as a requirement for
former partners acting as executors to instruct the new firm, or to appoint
"new" partners as attorneys to handle the administration.

Even if there is no such agreement in place, might the executors be willing
to co-operate with you? Obviously, your approach might be different if the
named executors are personally known to, and favoured by, the [main]
beneficiaries - but it is not clear if their views have yet been sought.

Kevin Mullen