The Court removed a co-executor and trustee for unfitness under s 34(1)(c) of the Administration and Probate Act 1958 (Vic) based on prolonged delay, failure to communicate with the co-executor, failure to keep records, and complete non-participation in the proceeding. Indemnity costs were ordered against the removed executor personally (from his share of the estate) on the basis that his dereliction of duty necessitated the proceeding and he failed to defend or participate. The Court also provided judicial advice under r 54.02 confirming the remaining executor was justified in distributing the estate equally without reimbursing either party for previously claimed administration expenses, consistent with a written agreement between the parties.
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