Abdul Hamid Embong J:

By this application, the plaintiff (LF) seeks to revoke the grant of probate to the defendant (EC) and to remove forthwith EC's appointment as the executor and trustee of the estate of Leila Dulcie Allana LaBrooy (LaBrooy). The determination of this application will, in my view, substantially resolve three other related applications in encl. 8 of OS. 24-1146-1999 and encls. 1 & 6 in OS. 24-891-2000.

Although learned counsel for the defendant had contended that the matters under consideration are too contentious to be determined by affidavits, that there are triable issues and that, thus, the court should hear viva voceevidence, this court found that there was no such necessity and that this application should proceed as it originated and affidavit evidence could sufficiently determine this matter. On that basis, this application was proceeded with, and submissions heard. Notice to cross-examine witnesses was declined by the court.

Background Facts

On 11 February 1999 LaBrooy passed away and left a will dated 24 April 1996 and executed two codicils dated 17 April 1997 and 15 August 1997. Probate was obtained by her appointed co-executors and trustees n