Gould v Gould [2005] NSWSC 914

Gould v Gould [2005] NSWSC 914

Because John Douglas Gould's continuance as executor impedes the administration of the estate, the grant of double probate to him must be revoked, and a fresh grant issued solely to Richard Kenneth Gould, with no further leave reserved to John Douglas Gould.

Jurisdiction
Australia
Judgment Date
08 September 2005
Procedural Posture
Succession; Probate Proceeding / Post Trial, Reserved Judgment on Form of Orders
Outcome
Grant of probate to John Douglas Gould is revoked, fresh probate granted solely to Richard Kenneth Gould, with further procedural directions as per orders.
Legal Topics
['double Probate' 'revocation of Executors' 'form of Probate Orders']
['succession' 'wills and Probate'] ['double Probate' 'revocation of Executors' 'form of Probate Orders']

Case Brief

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Procedural Posture

Succession; Probate Proceeding / Post Trial, Reserved Judgment on Form of Orders

Legal Issues

  1. 1 ['Whether double probate to John Douglas Gould should be revoked' 'Proper form of orders necessary after removal of an executor' 'Effect of revocation of grant(s) of probate and double probate']

Ratio Decidendi

Because John Douglas Gould's continuance as executor impedes the administration of the estate, the grant of double probate to him must be revoked, and a fresh grant issued solely to Richard Kenneth Gould, with no further leave reserved to John Douglas Gould.

Court Disposition

Grant of probate to John Douglas Gould is revoked, fresh probate granted solely to Richard Kenneth Gould, with further procedural directions as per orders.

Orders

  • ['The grant of probate to Richard Kenneth Gould dated 10 April 2003 and the grant of double probate to John Douglas Gould dated 26 September 2003 be brought into the Registry.' 'Each such grant is hereby revoked.' 'All requirements of the Rules relating to a further grant of probate in the said Estate are dispensed...