A 'major obstacle' to converting to limited liability partnership (LLP) status for firms that do probate work was removed this week when a Bristol-based practice won a case in the High Court.

The judgment should put an end to probate registrars' practice of refusing to deal with firms that were named as executors of an estate where the practice has subsequently converted to an LLP.


In the Estate of Edith Lilian Rogers Deceased [2006] EWHC 753 (Ch) was brought by TLT, with City firm Speechly Bircham acting as its pro bono agent. The case was supported by the Law Society and its probate section, as well as ten other affected firms. Speechly Bircham will now go ahead with a long-planned conversion to LLP status in November.


Since 2003, the district probate registrars have refused to recognise members of an LLP as successors to the practice of a partnership named in a will. Their decision left many firms planning to become LLPs faced with the prospect of obtaining fresh instructions from thousands of testators who had listed the firm as an executor.


Mr Justice Lightman made it clear that the registrars should recognise members of an LLP as successors to the original firm, and give effect to Ms Rogers' intention in the case. However, he drew a distinction between 'profit-sharing partners' and other staff, noting that where the term 'partner' is used in the will, this would only be transposed to profit-sharing members of the LLP.


He said it would be advisable for testators to specify in their will if they wanted other employees to act as executors in the event of an LLP conversion.


Law Society President Kevin Martin said the judgment was a 'fantastic result'. He added: 'The previous policy ignored the intentions of the person who made the will and resulted in extra costs and delay in administering the estate.'


TLT partner Sarah Mumford said: 'An unwelcome period of uncertainty is now over.'