The applicants sought removal of the estate trustee under ss. 5 and 37 of the Trustee Act and the appointment of a replacement trustee.
The court reviewed the governing principle that removal of a trustee depends primarily on the welfare of the beneficiaries and whether the continuation of the trustee would impair proper administration of the trust.
Evidence showed escalating hostility between the estate trustee and beneficiaries, questionable handling of estate assets, and conduct demonstrating disregard for the beneficiaries’ interests.
The court concluded that the level of animosity and breakdown in trust would prevent proper administration of the estate and ongoing trust obligations.
The estate trustee was removed and an independent lawyer was appointed as replacement trustee.
