Colston v McMullen

[2010] QSC 292

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Equity
2. › Trusts and Trustees
3. › Appointment, Removal and Estate of Trustees
4. › Retirement and Removal
5. › Removal by the Court
6. › Grounds for Removal
7. › Whether trustee's administration justified removal
8. › Whether difficulties in administration attributable to trustee or beneficiary conduct
9. › Trusts Act 1973 (Qld), ss 5, 80
1. Succession Law
2. › Executors and Administrators
3. › Removal of Executor
4. › Revocation of Grant of Probate
5. › Whether executor failed to administer estate
6. › Succession Act 1981 (Qld), ss 6, 47(1A), 52(2)
1. Equity
2. › Trusts and Trustees
3. › Discretionary Trusts
4. › Beneficiary's Right to Trust Documents and Information
5. › Whether general order for disclosure should be made
1. Practice and Procedure
2. › Costs
3. › Indemnity Costs
4. › Whether indemnity costs appropriate where application maintained without basis

Quick Take

A trustee will not be removed where difficulties in administration are substantially attributable to the beneficiary's own conduct, incomplete records left by the deceased, and third-party failures to provide information, and where the trustee has taken a careful and prudent approach. Disputes between a beneficiary and trustee do not by themselves constitute sufficient ground for removal; the court will inquire into who is to blame for the dissension. A general order for disclosure of trust documents will not be made where the trustee has provided documents as and when able and the beneficiary can make specific requests.