The applicant sought an accounting of estate assets, including a commercial property and a joint trading account, from his brother and co-estate trustee.
The respondent claimed the trading account was gifted to him by their late mother and resisted accounting for the property.
Applying the presumption of resulting trust, the court found the trading account belonged to the estate and ordered a full accounting.
Due to the breakdown in the brothers' relationship and inherent conflicts of interest, the court ordered the appointment of an Estate Trustee During Litigation (ETDL) and made declarations regarding several disputed inter vivos transfers.
