WHERE THERE'S A WILL

I refer to Tim Addinell's article drawing attention to the problem of the partners in a firm being appointed executors by a will where the partnership in question has transferred to limited liability partnership (LLP) status (see [2004] Gazette, 25 March, 15).

While no doubt Mr Addinell is correct in identifying a problem, he is surely not correct in suggesting that the Probate Registry could if it so wished treat the LLP as 'the firm which has succeeded to' the partnership in question.

A firm is defined by section 4 of the Partnership Act 1890 as the collective name given to 'persons who have entered into partnership with one another'.

That is precisely what an LLP is not.

Mr Addinell is also greatly overstating the problem when he suggests that it may be necessary to go back 80 years to check on wills.

I believe that the appointment of the firm rather than named individual partners is of comparatively recent origin and has become common only in the course of the past 30 years.

A colleague suggests that the answer to the problem is for a firm that is considering transferring to LLP status to retain what would effectively be a dormant partnership for a number of years for the sole purpose of acting as executor.

The partners in the dormant partnership would then appoint the LLP to act on their behalf.

A partnership continuing on this basis would not handle clients' money and no doubt any professional indemnity cover could be brought within the umbrella of the LLP.

David Lang, Blanchards Solicitors, Blandford Forum, Dorset