Sandra Elizabeth Lester v Terrence Myles Brown

The case of Sandra Elizabeth Lester v Terrence Myles Brown involved a dispute over the probate of the will of a deceased individual, with the will initially being granted to the Plaintiff and two Defendants. The Plaintiff subsequently sought the revocation of the grant and the appointment of an independent administrator due to the inability to properly administer the estate. The two Defendants were non-active parties who did not file an appearance, a defence to the Statement of Claim, or appear at the hearing. The court was required to determine whether it was appropriate to appoint an independent administrator or to simply revoke the grant and make a fresh grant to the Plaintiff, considering the likelihood of the Defendants co-operating with an independent administrator.

The court considered the implications of appointing an independent administrator, noting that there was little point in doing so as the Defendants were unlikely to co-operate. The court also noted that there was no evidence to suggest that the Defendants had any interest in the estate, and that the Plaintiff had taken reasonable steps to locate them. The court held that the Defendants' lack of participation in the proceedings indicated a lack of interest or concern about the estate, and that the Plaintiff's application should be granted. The court determined that the appropriate course of action was to revoke the grant and make a fresh grant to the Plaintiff, with consequential orders made relating to the collection of known assets and repayment to the estate of any amounts under investigation.

The court's final orders included the revocation of the grant made to the Plaintiff and the two Defendants, with a fresh grant being made to the Plaintiff alone. Consequential orders were also made relating to the collection of known assets and repayment to the estate of any amounts said to be the subject of investigation. The court held that there was no need to appoint an independent administrator, as it was unlikely that the Defendants would co-operate with her. The Plaintiff was granted the authority to continue with the administration of the estate, with the Defendants being given an opportunity to file an appearance, a defence to the Statement of Claim, and to attend any further hearings if they so wished.