JUDGMENT

Ravinthran Paramaguru J:

Introduction

[1] This is an application to remove a trust company (the defendant herein) that had been appointed as the executor and trustee of the estate of the deceased. The application is made by the husband of the deceased. The first ground is that the scale of fees quoted by the trust company is too high. The other ground is that there is a deadlock between the trust company and the plaintiff in respect of the probate application. The beneficiaries of the estate are the children of the deceased. They do not object to this application. However, the defendant has strenuously objected to this application.

Background Facts

[2] The deceased (Sim Phaik Chin) died on 3 March 2014 in Kuala Lumpur. The deceased had appointed the defendant as the executor and trustee of her last will and testament. The will was prepared by the defendant. The beneficiaries of the will are the two children of the deceased. Both children have attained the age of majority. The will contains a trusteeship clause. The deceased appointed the defendant as the trustee of the estate for the benefit of the children until they attain the age of 35. The younger child was born