Goodman v Goodman

Goodman v Goodman

Section 50 of the Administration of Justice Act 1985 applies to executors named in a will who have not been granted probate; the statutory language, practice direction, and relevant authorities support this interpretation.

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
Outcome
appeal dismissed
Legal Topics
Removal of Personal Representatives, Section 50 Administration of Justice Act 1985, Executor Without Probate
Probate Estate Administration Removal of Personal Representatives Section 50 Administration of Justice Act 1985 Executor Without Probate

Case Brief

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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

Legal Issues

  1. 1 Does section 50 of the Administration of Justice Act 1985 apply to executors named in a will who have not been granted probate?

Ratio Decidendi

Section 50 of the Administration of Justice Act 1985 applies to executors named in a will who have not been granted probate; the statutory language, practice direction, and relevant authorities support this interpretation.

Court Disposition

appeal dismissed

Orders

  • Appeal is dismissed; Master Bragge's decision is affirmed.