Mullins J recently dismissed an application to remove an executor in circumstances where the two beneficiaries were brother and sister, the brother being the executor of their mother’s estate. The brother and sister were very much estranged.
There were some delays in the administration of the estate, some of which were caused by the applicant and various court applications she had brought.
It was found that the bringing of the application did cause the respondent to discontinue his previous practice of keeping the receipts for the rental of estate properties in a cash tin and paying the expenses in cash. From the time the application was brought, he banked all receipts into an estate bank account.
Mullins J found this showed a willingness on his part to address his shortcomings as executor. She found that none of the other allegations were made out, or were relevant and refused to remove him as executor.