None
CA
Can’t we all just get along?
['James Langton']
Investment Executive
Ultimately, the court decided that was not the case, and it denied the application to remove Paterson as trustee.
And, in this case, despite the personal conflict, the court found that the trustee has acted within her discretion under the will.
The court did find that, in one instance, Paterson didn’t consider her brother’s individual needs when determining his annual payout.
But, it concluded that her payout decisions haven’t been based on any personal conflict between them.
In this case, the court found that Paterson is “fully capable” of carrying out those duties, despite the past personal conflict between the siblings.