The applicants brought an urgent motion in a dependants’ relief proceeding seeking preservation of estate assets and the appointment of an Estate Trustee During Litigation (ETDL).
The deceased’s will left the entire estate to his second spouse and made no provision for his minor child from a prior marriage, who had special needs.
Evidence raised concerns regarding the administration and disclosure of estate assets, including corporate holdings and potential transfers by the named estate trustee.
The court held that a neutral administrator was required to preserve and transparently manage the estate during litigation and to determine the true value of the estate assets.
The court therefore appointed an independent accountant as ETDL without requiring the posting of a bond.
