The Court revoked a joint grant of probate where the co-executors (siblings and equal beneficiaries) could not work cooperatively, causing the jointly-instructed solicitor to cease acting. The Court appointed an independent solicitor as administrator with the will annexed rather than granting sole administration to one of the named executors, holding that the applicant executor was too emotionally involved and had breached undertakings by refusing to allow an independent tax agent to prepare estate tax returns. The Court left open whether AA s 29(1) applies to grants of probate as distinct from letters of administration, relying instead on the Supreme Court Act 1935 (WA) s 18 and inherent jurisdiction.
The full text is available to signed-in members.