Re McLennan

Ms Speed applied to the Supreme Court of Queensland for orders revoking the grant of probate to herself and Mr David McLennan, and appointing Mr Klatt as the administrator of the estate. Mr David McLennan opposed the application, while Mr Peter McLennan supported it. The court was required to determine whether the grant of probate should be revoked and an administrator appointed, considering the suitability of Mr Klatt as an administrator if the executors were removed.

The court examined the provisions of the Succession Act 1981 (Qld) and found that the Will clearly favoured Mr David McLennan over Ms Speed and Mr Peter McLennan. The court also noted that the property "Eurombah East" was transferred to Mr David McLennan in 2013, which meant that his interest in the property did not fall to the estate upon Mr McLennan Senior's death. The court held that it was in the best interests of the estate for the executors to be removed and an administrator to be appointed. The court found that Mr Klatt was a suitable person to administer the estate and should be appointed as the administrator with the will.

The court made the following orders: Margaret Isobel Speed and David Lloyd McLennan were removed from the office of executor, the grant of probate issued to them was revoked, Michael Karl Klatt was appointed as the administrator with the will in place of the executors, and letters of administration with the will were granted to Mr Klatt. The court also granted liberty to Mr Klatt to apply for the vesting of property in his name as the administrator with the will and the registration of any real property of the deceased.