This decision addresses cross-applications for the removal of estate trustees in the Estate of Alfonso Sartarelli.
The deceased's two children, Elke Kasanda and Helmut Sartarelli, along with a solicitor, were appointed trustees.
The estate administration stalled due to significant conflict between Elke and Helmut.
Elke alleged Helmut prioritized his interests and was unfit, while Helmut accused Elke of obstructing administration, acting unilaterally, and disregarding fiduciary duties, particularly concerning tax payments.
The court dismissed Elke's application to remove Helmut, finding he acted reasonably and relied on professional advice.
Conversely, Helmut's application to remove Elke was granted, as the court found Elke had consistently prioritized personal grievances over fiduciary duties, obstructed necessary estate actions (like tax filings), disregarded professional advice, and acted unilaterally, thereby compromising the estate's proper administration and increasing costs.
