Re Anderson

In the matter of the estate of the late John Anderson, the applicants, two of the deceased's daughters, sought the revocation of the grant of probate to the executors, who were also the deceased's daughters. The applicants alleged that the executors had mismanaged the estate and had failed to distribute the assets in accordance with the deceased's wishes. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the applicants had established a prima facie case for the revocation of the grant of probate. The applicants had delayed in making the application and had failed to file particulars of their grounds of objection within the required timeframe. However, they later sought leave to amend their grounds of objection to include additional allegations. The court had to determine whether the amended grounds of objection established a prima facie case for the revocation of the grant of probate.

The court held that the applicants had not established a prima facie case for the revocation of the grant of probate. The court found that the applicants' delay in making the application and their failure to file particulars of their grounds of objection within the required timeframe were significant factors that weighed against them. The court also found that the amended grounds of objection did not establish a prima facie case because they were based on hearsay evidence and were not supported by any documentary evidence. The court noted that the applicants had not adduced any evidence to support their allegations of mismanagement and failure to distribute the assets in accordance with the deceased's wishes.

The court refused the applicants' application for the revocation of the grant of probate and ordered that the applicants pay the executors' costs of the application.