In the Estate of HELENE JOSEPHINE STORCH (DECEASED)

In the matter of the estate of Helene Josephine Storch, who has passed away, the court was called upon to address the revocation of a grant of probate. The application for revocation was made by three daughters of the deceased, who had originally been granted probate alongside the deceased's solicitor. The dispute arose due to a significant breakdown in the relationship between the solicitor and the daughters, which the daughters argued was hindering the proper administration of the estate. The daughters sought the revocation of the original grant of probate and a new grant in their favour alone.

The central legal issue the court had to decide was whether the grant of probate should be revoked in the given circumstances. The court needed to consider whether the relationship between the executors was so impaired that it was impeding the due and proper administration of the estate, which would justify the revocation of the grant. Additionally, the court had to assess the consent of all executors to the revocation, as this was a significant factor in the decision-making process.

The court ruled that the relationship between the executors had deteriorated to a point where the proper administration of the estate was being hindered. It was noted that all executors had consented to the revocation of the grant of probate. Given this consent and the detrimental impact on the administration of the estate, the court decided to grant the application for revocation. The court then ordered that the original grant of probate be revoked and a new grant of probate be issued to the daughters alone.

The final orders of the court were to revoke the previous grant of probate and to issue a fresh grant of probate to the daughters of the deceased, thereby ensuring that the estate could be administered without the existing impediments. This decision aimed to facilitate the proper and effective management of the estate.