Will Dispute Case Update – Goodman v Goodman (Unreported)

25 January, 2013
by: Cripps Pemberton Greenish

This Will dispute case considered the extent of section 50 of the Administration of Justice Act 1985. This section gives a discretionary power to the Court to appoint a substitute personal representative or terminate the appointment of a personal representative.

It is a piece of legislation that is commonly used to resolve Executor disputes.

In the recent case of Goodman v Goodman, the Court was asked to determine whether the power extended to removing and replacing “non proving” Executors.

A non proving Executor is someone who is named as an Executor in the Will but does not want to act and instead wishes to reserve his right to prove the Will at a later stage.

The Court of Appeal held that it did and in doing so rejected the appeal from the initial decision.

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