Q&As

A Will contains an executor appointment clause appointing the partners in a firm as at the date of death or a firm which has succeeded to and carries on their practice, taking into account conversion to an LLP (see example below). Where the firm has converted to an LLP and formed a trust corporation, does an executor appointment clause such as the one below enable the trust corporation to be appointed executor?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on: 25 June 2020
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What would be the effect of the following example clause to appoint executors?:

I appoint the partners [including salaried partners] in the firm of [name] [of [address] OR who practice at the office of the firm at [address] at the date of my death or the firm which at that date has succeeded to and carries on their practice to be the executors and trustees of this will and in the event of such firm being incorporated as either a limited company or a limited liability partnership at that time then I appoint the [directors and] shareholders to be the executors and trustees of this will

Graham Stott
Graham Stott

gunnercooke LLP

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Appointment definition
What does Appointment mean?

The agreement entered into between a consultant and employer specifying the services to be performed by the consultant and the legal rights and obligations of both parties. A consultant may be appointed by deed, contracts under hand or by letter. A consultant’s appointment may be based on an industry standard form of appointment or be a bespoke document.

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