The applicant, acting as litigation guardian for the deceased's two children, brought an application to remove the respondent as the estate trustee.
The respondent, who was the deceased's former common-law partner, had continued to occupy the deceased's home, used estate assets, and improperly claimed pension survivor benefits despite having separated from the deceased prior to her death.
The court found that the totality of the respondent's actions, including his hostility toward the beneficiaries and potential conflicts of interest regarding estate debts, raised real concerns about his ability to carry out his fiduciary duties.
The application was granted, the respondent was removed, and the alternate trustees named in the will were appointed.