The court passed over the named estate trustees due to incapacity and inaction, appointed a succeeding professional trustee, and validated a codicil despite missing witnesses.
The applicant, represented by his litigation guardian, brought two applications to pass over himself and the respondent as estate trustees of their deceased parents' estates and to appoint a professional succeeding estate trustee.
The respondent consented to the appointment of the succeeding estate trustee at the hearing.
The applicant also sought a declaration that a codicil to the father's will was sufficiently proved by an affidavit of execution from a witness present at its signing, as the attesting witnesses could not be located.
The court granted the applications, declaring the codicil's execution sufficiently proved, ordering the respondent to provide an informal accounting, and awarding costs on a full indemnity basis.
