Goodman v Goodman [2013] EWHC 758 (Ch) (18 January 2013)
Section 50 of the Administration of Justice Act 1985 applies to executors named in a will irrespective of whether they have obtained probate; the court has jurisdiction to remove or replace such executors under section 50.
- Citation
- [2013] EWHC 758 (Ch)
- Parties
- Appellant/claimant: Michael Paul Goodman; Appellant/claimant: David Jeremy Goodman; Respondent/defendant: Mina Goodman; Respondent/defendant: Suzanne Judith Goodman
- Jurisdiction
- England and Wales
- Judgment Date
- 18 January 2013
- Procedural Posture
- Appeal / Judgment on Appeal From Master Bragge's Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Removal of Personal Representatives, Interpretation of Section 50 Administration of Justice Act 1985, Jurisdiction to Remove Non Proving Executors
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Paul Goodman
Appellant/claimant
David Jeremy Goodman
Appellant/claimant
Mina Goodman
Respondent/defendant
Suzanne Judith Goodman
Respondent/defendant
Procedural Posture
Appeal / Judgment on Appeal From Master Bragge's Decision
Legal Issues
- 1 Does section 50 of the Administration of Justice Act 1985 apply to executors named in a will who have not obtained probate?
- 2 Is section 116 of the Senior Courts Act 1981 the exclusive route for removal of non-proving executors?
Ratio Decidendi
Section 50 of the Administration of Justice Act 1985 applies to executors named in a will irrespective of whether they have obtained probate; the court has jurisdiction to remove or replace such executors under section 50.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; Master Bragge's decision affirmed
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