The applicant sought to remove or pass over the respondent as the estate trustee of their late mother's estate.
The respondent, the deceased's spouse, had taken no steps to administer the estate in the four years since her death and failed to respond to inquiries.
The court found it clearly necessary to pass over the respondent to ensure the proper administration of the estate and the welfare of the beneficiaries.
The applicant, named as the alternate trustee in the will, was appointed as the sole estate trustee.