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