The applicant beneficiary sought to pass over the named estate trustees and claimed damages against one trustee for breach of fiduciary duty, devastavit, and unjust enrichment.
The respondent trustee argued there was a binding settlement agreement and that the applicant lacked standing.
The court found no binding settlement agreement, as the respondent's acceptance was a counter-offer.
The court held the applicant had standing as a beneficiary to sue the trustee.
However, the court dismissed the damages claims, finding insufficient evidence that the trustee mismanaged the estate or was unjustly enriched.
A third party was appointed as estate trustee on consent.
