Removing an Executor – Goodman v Goodman [2013] EWHC 758 (Ch)

21 June, 2013
by: Cripps Pemberton Greenish

This case is relevant because it clarifies the fact that the Court can replace or remove a non-proving executor under section 50 of the Administration of Justice Act 1985 (the Act) before a grant of probate has been obtained.

The facts in Goodman were that the wife of the deceased had applied for the appointment of an independent professional to administer the estate under section 50 of the Act. This was opposed by executors, who were the sons of the deceased.

The initial Judgement found in favour of the wife. This decision was appealed, but the appeal was dismissed.

In reaching this decision, the Court concluded that it was not Parliament’s intention to restrict the Court’s power under section 50 to remove or replace executors.

Clarification of this issue is a welcome development for practitioners.

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