Clause Binding Use of Solicitor in Will

Hello all,

First post here!

We have received instructions to deal with an estate. The will (drafted by another firm) has a clause stating the following:

“I direct that should a solicitor be required to undertake the administration of my estate my trustees shall instruct X Law”.

Is this clause binding upon the executors? They now wish to instruct ourselves in the estate rather than the firm stated in the will.

The executors are lay executors and the firm in question were not appointed as executors.

My thought is that the clause is not binding but have been unable to ascertain whether this is correct through some initial research.

Please may I enquire if anyone has encountered this situation and is able to advise if the executors are bound by the clause or not?

Many thanks

Doris Raggatt
MLP Law

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