The Court removed the first defendant as executor and trustee of the deceased's estate under s 34(1)(c) of the Administration and Probate Act 1958 (Vic) and ss 48 and 51 of the Trustee Act 1958 (Vic), finding excessive and unjustified delay of over four years since probate without any distribution, irreconcilable conflicts of interest arising from the executor's personal claims against the estate and assertion of ownership over estate property, and ongoing ill health impairing capacity to administer. The Court also removed the third defendant as trustee of the Albert Slawinski Family Trust on the basis that the first defendant's control of that company gave rise to conflicts regarding the ownership of units in the Carrum Unit Trust and that his health and personal disputes with beneficiaries precluded proper discharge of trustee obligations. Orders for appointment of an independent administrator and trustee with vesting orders were directed, with costs reserved.
The full text is available to signed-in members.