Sleiman v Alwan [2009] NSWSC 484

Sleiman v Alwan [2009] NSWSC 484

Because the estate had not been fully administered, there remained a serious issue concerning the executor's alleged transfer or sale of estate property to himself, and the matter required administration and accounting by a neutral person, the grant of probate to the defendant should be revoked and, subject to consent, the Public Trustee appointed administrator cta, with the defendant required to account and transfer estate assets.

Jurisdiction
Australia
Judgment Date
04 June 2009
Procedural Posture
Succession Proceedings for Removal of Executor and Trustee and Accounts / Final Orders on Summons and Further Directions
Outcome
Probate granted to the defendant was revoked; subject to consent, the Public Trustee was appointed administrator cta; directions and costs orders were made.
Legal Topics
['removal of Executor' 'revocation of Probate' 'administrator Cta' 'executor Self Dealing' 'trustee Accounts' 'costs']
['succession' 'equity' 'trusts'] ['removal of Executor' 'revocation of Probate' 'administrator Cta' 'executor Self Dealing' 'trustee Accounts' 'costs']

Case Brief

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Procedural Posture

Succession Proceedings for Removal of Executor and Trustee and Accounts / Final Orders on Summons and Further Directions

Legal Issues

  1. 1 ['Whether the defendant should be removed as executor and trustee and the grant of probate revoked.' 'Whether the Public Trustee should be appointed administrator cta subject to consent.' 'Whether the plaintiff had shown more than a mere conflict of interest sufficient to justify removal of the executor.' "Whether the defendant's alleged sale of estate real estate to himself was voidable at the suit of a beneficiary." 'What costs orders should be made at the present stage.']

Ratio Decidendi

Because the estate had not been fully administered, there remained a serious issue concerning the executor's alleged transfer or sale of estate property to himself, and the matter required administration and accounting by a neutral person, the grant of probate to the defendant should be revoked and, subject to consent, the Public Trustee appointed administrator cta, with the defendant required to account and transfer estate assets.

Court Disposition

Probate granted to the defendant was revoked; subject to consent, the Public Trustee was appointed administrator cta; directions and costs orders were made.

Orders

  • ['Order that the grant of probate of the will of Wajih Antonios Alwan to the defendant be revoked.' 'Order that the defendant surrender the grant parchment to the Registrar in Probate within 14 days.' 'Order that subject to his consent, the Public Trustee be appointed administrator cta of that estate.' 'Refer to the...