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The High Court revoked the 1st respondent as estate administrator for mismanagement and appointed the applicant to act with the 2nd respondent.
Procedural irregularities in inventory and accounts, and alleged mismanagement, were not substantiated at the appropriate procedural stage and do not meet the threshold for revocation under section 49(1) of the Probate and Administration of Estates Act. Lack of consent or affidavit in lieu does not invalidate proceedings absent evidence of respondent's fault. No merit found in any grounds of appeal.
Source excerpt
Appeal over revocation of an administratrix was dismissed. The court held the probate cause had not been shown to be closed and that mismanagement justified revocation.
Second probate appeal dismissed for lack of evidence of estate mismanagement. The High Court upheld the administrator’s appointment and found the tendered will invalid.
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