Kelly Santini LLP’s JP Zubec and Neelum Raja secured a significant estate litigation victory at the Ontario Court of Appeal on behalf of their client. On January 17, 2025, the Ontario Court of Appeal upheld the July 28, 2023, decision of the Honourable Justice Gomery to remove a co-Estate Trustee for obstructing the smooth administration of her late father’s estate. Two siblings, a brother and a sister, had been jointly appointed as Estate Trustees of their father’s Will, together with their father’s longtime solicitor. A dispute between the siblings over the debts of the estate led to a court application brought by the sister against the brother and the solicitor. In the application, each sibling sought removal of the other as co-Trustee. The court determined that the sister had been obstructing the administration of the estate by refusing to comply with fundamental estate obligations, such as the payment of taxes, making it impossible to carry out the wishes of the deceased, and ordered her removal. This case underscores that, when a co-trustee’s actions hinder the smooth administration of an estate, the courts are willing to step in and remove them if necessary. Read the full decision.