header-logo header-logo

18 June 2021 / Nathan Wells
Issue: 7937 / Categories: Features , Wills & Probate
printer mail-detail

Personal representatives: Sending on the substitutes

51263
Nathan Wells examines the removal & replacement of personal representatives
  • Claims under section 50 of the Administration of Justice Act 1985 for the removal of personal representatives: procedure and evidence.

Section 50 of the Administration of Justice Act 1985 (AJA 1985) gives the High Court jurisdiction to remove or replace personal representatives where this is necessary in the interests of the welfare of the beneficiaries and the proper administration of the estate.

The jurisdiction has proved to be a fecund source of litigation and the sphere of operation of AJA 1985, s 50 was increased by the decision in Goodman v Goodman [2013] EWHC 758 (Ch), where Newey J confirmed that it could be employed to seek the removal of a named executor (though not a potential administrator) who had not yet obtained a grant of probate.

There was, initially, a striking dearth of reported authority on the operation of the section. Fortunately, that situation has been remedied in recent years and there is a growing body of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll