Firm 'closed down' but still exists

Trusts Discussion
1

Hello all,

Any wise words would be welcome…!

I am advising on a Will (testator deceased) that appoints the directors ‘…in the Company X Ltd…or the firm which has succeed to and carries on its practice…’ as executors.

Company X was intervened by the SRA and was closed down as a regulated law firm. However, the company still exists (although it has changed its name to Company Y Ltd).

The Wills are now with another law firm, as a result of the intervention. There is nothing to suggest that the law firm who holds the Wills is entitled to act.

But what about clearing off Company Y? Can they simply be cleared off because they are not regulated and therefore not entitled to act?

Or are they still entitled to act?

Any thoughts or ideas gratefully received!

Many thanks

Roger

2

Hi Roger,

Not my bag - however s.50 of the Administration of Justice Act 1985 can be used to remove the company via the courts. Which i assume is what youre callng “cleared off”?

Im sure one of the clever probate lawyers on this forum may comment further on removing executors.

Richard C. Bishop
PFEP

1 Like
3

Have they been named as Executors in person or in the capacity as Directors/Members/Partners in the former firm? Thank you.

4

They are not named in person - just the ‘Directors of [Company X]…’