Sadiq v NSW Trustee and Guardian

The applicant, Sadiq, sought to set aside a grant of probate in respect of the estate of the deceased, Mr. Sadiq. The respondent was the NSW Trustee and Guardian, acting as executor of the deceased's estate. The dispute concerned the validity of the deceased's will, which the applicant alleged was not properly executed. The matter came before Emmett AJA in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to justify setting aside the grant of probate. This involved determining whether the applicant had demonstrated a serious question to be tried regarding the validity of the will, specifically concerning its due execution in accordance with the *Succession Act 2006* (NSW). The Court also considered the applicant's delay in bringing the application and whether it was an abuse of process.

Emmett AJA found that the applicant had failed to demonstrate a serious question to be tried regarding the validity of the will. His Honour noted that the applicant had not provided any evidence to suggest that the will was not properly executed, and that the application appeared to be a collateral attack on the executor's actions. The Court applied the principles that a grant of probate should not be set aside lightly and that applications to do so must be supported by credible evidence of a serious issue to be tried. The Court also considered the applicant's significant delay in challenging the will, which further weighed against granting the relief sought.

The Court ordered that the applicant's notice of motion be dismissed and that the applicant pay the respondent's costs of the motion.