In an estate administration dispute, the moving party sought to nullify Minutes of Settlement, compel compliance with an earlier directions order, remove the estate trustee during litigation, and appoint a replacement trustee.
The court held the Minutes of Settlement were a binding contract resolving the will challenge, estate administration disputes, and related civil claims, and found no legal basis to set them aside.
Applying the trustee removal principles under the Trustee Act and relevant case law, the court concluded there was no clear necessity to remove the estate trustee during litigation, no evidence that the estate or beneficiaries were endangered, and no proof of actual partiality or maladministration.
The motion was dismissed in its entirety, with costs to be addressed by further written submissions if not agreed.