Jesse Porter

The applicant, an estate trustee, sought to set aside the respondent's Notice of Objection to the deceased's will and expedite the issuance of a Certificate of Appointment of Estate Trustee.

The respondent, the deceased's brother, had filed an objection asserting the will was "fake" and that he, as "first kin" was entitled to the estate assets, but provided no evidence and did not attend the hearing.

The court, applying Rules 75.03 and 75.06 of the Rules of Civil Procedure, ordered a hearing to determine the respondent's standing, requiring him to provide an affidavit supporting his assertion by a specific date, with the applicant having an opportunity to respond.

The appellant sought to appeal an interlocutory order that directed estate funds to be paid out of court and removed an estate trustee.

The appellant sought directions and an accounting, effectively attempting to secure funds for a counterclaim against the estate.

The Divisional Court granted leave to appeal but dismissed the appeal, finding the original motion was improperly brought and the appellant had not established the prerequisites for a Mareva injunction to hold the funds as security.