The Court revoked a grant of probate to three sibling co-executors and appointed an independent administrator where the administration of the estate had effectively stalled due to a complete breakdown in the executors' relationship, disagreements over remediation of asbestos-contaminated property, and one executor's pattern of unilateral decision-making contrary to the others' wishes and professional recommendations. The Court also held that consent orders made in the proceeding regarding the sale process were interlocutory in nature and could be discharged consequential upon the revocation, notwithstanding that they were noted as settling the parties' dispute, where a material change in circumstances rendered certain orders no longer appropriate. The Court dispensed with the Pt 78 r 48 requirement for a statement of claim where the defendant had full notice of the factual basis for the application and raised no prejudice.
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