Florence Chen represented the applicant, instructed by Cohen Legal.
The Applicant successfully applied to the Supreme Court of Queensland for the removal of herself and her brother as joint executors of their father’s deceased Estate (of which they are the sole beneficiaries). The Applicant was successful in revoking the grant of probate and appointing an independent administrator, being the Estate’s accountant.
Martin J applied the principles in Miller v Cameron and Renton v Dresselhaus. His Honour was persuaded that the Respondent had lived rent free in an Estate property, which put him in a position of conflict. His Honour also found that the Respondent had collected rent from another dwelling without accounting to the Estate, had failed to provide an inventory despite repeated requests, and had delayed signing necessary financial documents. Although the Respondent offered to comply and administer the Estate, this offer only came after the application was filed. The Respondent also had health issues that impacted his capacity and the executors’ relationship had broken down.
The Respondent was ordered to pay the Applicant’s costs personally, rather than the costs being paid out of the Estate. The Applicant relied upon Renton v Dresselhaus (No 2) for the proposition that this type of litigation was adversarial rather than in the administration of the Estate.
The judgment can be read by clicking here
