Rogers, Re In the Estate of

Rogers, Re In the Estate of

The intention of the testatrix was to appoint as executors the solicitors carrying on the practice of Lawrence Tucketts at her death, regardless of the legal form. The will's reference to 'partners' in a 'firm' should be construed to include profit sharing members of the LLP that succeeded to the practice, as the legal distinction between partnership and LLP is irrelevant to the testatrix's purpose.

Parties
Testatrix: Edith Lilian Rogers (Deceased); Applicants / Estate: Partners of Lawrence Tucketts / TLT LLP; Advocate to the Court: Attorney General (Advocate to the Court)
Jurisdiction
England and Wales
Judgment Date
06 April 2006
Procedural Posture
Probate / Construction of Will / Judgment on Application for Construction of Will and Grant of Probate
Outcome
Probate should be granted to applicants who are profit sharing members of the LLP, subject to evidence that they meet this condition.
Legal Topics
Construction of Wills, Appointment of Executors, Legal Status of Llps, Interpretation of Standard Form Clauses
Succession Law Probate Trusts Construction of Wills Appointment of Executors Legal Status of Llps Interpretation of Standard Form Clauses

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Parties

Edith Lilian Rogers (Deceased)

Testatrix

Partners of Lawrence Tucketts / TLT LLP

Applicants / Estate

Attorney General (Advocate to the Court)

Advocate to the Court

Procedural Posture

Probate / Construction of Will / Judgment on Application for Construction of Will and Grant of Probate

Legal Issues

  1. 1 Whether members of a limited liability partnership (LLP) can be appointed as executors under a will referring to 'partners' in a 'firm'
  2. 2 Whether the LLP is a 'firm' and its members 'partners' within the meaning of the will's clause

Ratio Decidendi

The intention of the testatrix was to appoint as executors the solicitors carrying on the practice of Lawrence Tucketts at her death, regardless of the legal form. The will's reference to 'partners' in a 'firm' should be construed to include profit sharing members of the LLP that succeeded to the practice, as the legal distinction between partnership and LLP is irrelevant to the testatrix's purpose.

Court Disposition

Probate should be granted to applicants who are profit sharing members of the LLP, subject to evidence that they meet this condition.

Orders

  • Declaration that profit sharing members of the LLP qualify as executors under the will if they fulfil the profit sharing condition.
  • If applicants are not profit sharing members, the LLP may put forward other qualifying members.