Court takes broad approach to its power to substitute personal representatives (Whittaker v Hancock and others)

Table of contents

• What are the practical implications of this decision?
• What was the background?
• What did the court decide?

Article summary

Private Client analysis: Barbara Rich, barrister at 5 Stone Buildings, examines the decision of the High Court in Whittaker v Hancock and others granting an application under section 50 of the Administration of Justice Act 1985 (AJA 1985) for the deceased’s widow to be replaced as one of his personal representatives by her daughter, who was her attorney under a lasting power of attorney (LPA).