In a codicil from 2011, the testator appointed two family members and partners of a firm as executors and trustees. The firm was intervened last year, no further update on this is available, and because of the intervention there is no successor firm.
I had raised this with the intervening agents who led me to understand that the appointment to the partners failed.
However upon more reading it seems that the partners’ appointment has not failed simply because the firm no longer exists, and that the individuals who were partners of the firm at the date of the will, rather than date of death, therefore have a right to take out probate.
Is this correct? And do I therefore need to track down all the individuals who were members of the firm in 2011?? The SRA website shows no details about the partners.
Would it instead be appropriate to make an application under s116 Senior Courts Act 1981 or would that require evidence of having tried to locate such individuals anyway?
I would be inclined for the family members to apply with power reserved to the partners. Copies of the correspondence with the intervening agents might be provided in lieu of giving notice.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
I can remember a time when the oath had to recite the names of all partners at the date of the will - until simplified to a marginal note reserving power to “all other partners” at that time. I suspect that this would have been during the 1980’s or early 90’s.
Presumably this arose, as usual, from the precise wording of the will/codicil. Might it be worth checking precisely what wording was used in the will [date unspecified] and the codicil [in 2011]?
Thanks for the responses. The will did not make the professional appointment, the wording of the codicil is:
“I appoint and and the partners at the date of death in the firm of of and elsewhere or the firm which at that date has succeeded to and carries on its practice to be the Executors and Trustees of this my Will (and I express the wish that no more than two of the said partners shall prove my Will and acts in its trusts)…”
Ok so now I’ve revisited it, I see now it states “at the date of death”. There are no partners of the firm at date of death. Does this mean the appointment has therefore failed? Would a screenshot from SRA website be sufficient to confirm this?