Administration and probate — Executor — Commission — Whether commission allowable in respect of land which remains unconverted until conveyed to beneficiary — Transfer of land to beneficiary — Executorial function — Death of executor — Duty of his executor — Administration and Probate Act 1915 (No. 2611), sec. 34.

Practice — Proceedings before Chief Clerk — Application to take opinion of Judge on matter arising in the proceedings — Functions of Judge — Rules of Supreme Court 1916, Order LV., r. 69.

Administration and Probate — Executor — Person appointed incapable of understanding or carrying out duties — Citation to take out probate — Service — Administration and Probate Act 1928 (No. 3632), sec. 12 (1) (b).

Administration and probate - Executor - Removal of Unfit to act - Conflict of interest and duty - Whether conflict of interest a ground for removal - Administration and Probate Act 1958 (No 6191) s34(1)(c).

Trust and trustees - Trustee Removal of - Conflict of interest and duty - Whether conflict of interest a ground for removal - Trustee Act 1958 (No 6401) s41(1), 48(1).

Estoppel - Proprietary estoppel - Contract - Promise to leave interest in property by will - Condition of payment of reasonable sum to third party - Contractual uncertainty - Whether equity can arise despite contractual uncertainty - Detriment - Reliance - Relief - Constructive trust.

Costs - Non-party - Appeal - Application for costs against non-party - Made after decision on appeal given - Practice and procedure - Evidence - Whether applicant for non-party costs can rely on evidence and findings in the litigation - Supreme Court Act 1986 (No. 110) s. 24.

Administration and probate - Executor - Removal - Mental incompetence - Administration and Probate Act 1958 (No. 6191) s. 34.

Administration and probate - Executor - Fitness - Removal - Nature and scope of discretion to remove - Legislative purpose - Welfare of beneficiaries - Protection of interests in estate - Jurisdiction not limited to disqualification arising by reason of some legal status - Neglect and breach of duty - Conflict of interest and duty - Antagonism displayed to beneficiaries - Delays in administration of estate - Failure to provide accounts and information - Failure to pay creditors - Exaggerated or unjustified demands for commission and legal costs - "Unfit to act" - Administration and Probate Act 1958 (No 6191) s 34(1)(c).

Courts and judges - Trial - Procedural fairness - Trial judge finding that executor had acted in bad faith in exercise of fiduciary discretion - Not tantamount to finding fraud - Bad faith in exercise of discretion for improper purpose - Standard of proof - Whether findings of fact could be made - Bad faith not expressly pleaded - Relevant evidence admitted without objection - No surprise - Opportunity given to meet allegation.

Statutory interpretation - Presumptions - Judicial construction of words - Subsequent re-enactment in same form - Presumption of parliamentary endorsement - Presumption rebutted.

Administration and probate - Executor - Renunciation of probate - Whether court should accept renunciation - Proper course - Form of renunciation - Requirements - Disclosure of intermeddling with estate.

Administration and probate - Renunciation of probate - Administration with will annexed - Entitlement - Person with greatest interest under will - Preference for universal residuary legatee - Notification to persons entitled to apply for administration - Departure from preference - Where will requires impartial person - Power to appoint amicus curiae.