20 Dec 2011
RE CORNELIUS (DECEASED) HC TIM CIV-2011-476-542
- Citation
- openlaw-defe6f50_30d8_4513_8556_eb2153b8789e.pdf
- Court
- High Court
The court held that Bradley West Ltd is a successor firm carrying on the practice and that the individuals eligible under the appointment clause are the directors of the incorporated firm; that s 63 did not preclude granting probate to an individual selected under the clause because the will appoints an individual not the company or a power to the company's directors to nominate an executor; and that the short form appointment ('two of the partners') is not void for uncertainty given the court's ability to admit external evidence under the Wills Act 2007 s32 and the practical equivalence betw…