Our client was appointed as both trustee and executor of a family estate comprising multiple properties intended for distribution among several beneficiaries. The administration of the estate became highly challenging due to a significant breakdown in the relationship between the trustees. One trustee, in particular, refused to cooperate, obstructing essential steps required to progress the estate.

The issues 

The estate involved several properties requiring orderly disposition among numerous beneficiaries.

A non‑cooperative trustee refused to take part in the administration process.

This refusal created a procedural impasse, preventing the sale of estate property and delaying distribution to beneficiaries.

How we helped

Working closely with specialist counsel, we initiated proceedings in the High Court, Business and Property Courts (BPC) to overcome the trustee’s obstruction. We successfully obtained an order for sale of one of the key estate properties.

However, the reluctant trustee then refused to sign the completion documents, creating a further barrier to finalising the transaction. This required a second court application, seeking judicial authorisation for the transfer deed and sale contract to be executed on the trustee’s behalf. The court granted this relief, enabling a District Judge to sign the documentation and allowing the sale to complete.

Result 

- The property sale was completed successfully. 
- The estate administration was able to progress without further obstruction. 
- Our clients achieved full recovery of their legal costs. 
- The beneficiaries could finally receive their entitlements.
 
The client expressed their appreciation for the high level of support provided, personally thanking Estella Prince for her strategic guidance, and success in achieving their objectives despite the complex and contentious circumstances.