Court dispute over will of property mogul Ali Sultan wraps up in court, judge to deliver decision at later date

The high-profile battle over the will of late property mogul Ali Sultan has wrapped up in court, with a judge yet to deliver his decision. WHAT WE KNOW >>

THE high-profile dispute over the will of late Hobart property mogul Ali Sultan has wrapped up in court, with the judge retiring to consider his decision.

The two-day Supreme Court hearing canvassed a number of arguments about the legitimacy of a succession of wills made by Mr Sultan between 2018 and 2020 – the last just weeks before his death.

Before the trial began, all nine defendants either renounced their involvement as executors to Mr Sultan’s will, or came to an agreement with Mr Sultan’s son, Moe, that his last true will was in fact made in July 2018.

A key issue raised in the hearing was Mr Sultan’s grasp of English, with Moe Sultan arguing wills made by his father after that date did not represent his true intentions, and that he did not know their full contents.

Speaking after court adjourned, Moe Sultan said many migrants had been in the same position as his father – contributing enormously to society while unable to communicate effectively in written English.

Moe Sultan leaves the Supreme Court of Tasmania. Picture: Chris Kidd

“What I want to convey is that story is actually the story of thousands of migrants who have come to call Australia home,” he said.

“There’s no question in anyone’s mind that Dad was an astute businessman and was able to make significant contributions to this town and to Tasmania.

“For (some migrants), years pass and their grasp of English remains rudimentary and I don’t think it affects their ability to contribute to society.”

Moe Sultan said while his father was alive, he could rely on others when it came to documents in written English – but wills were a different matter.

He said his father’s will were “highly complex” and needed to be explained comprehensively – as his father had arrived in Australia during the 1960s, when language training wasn’t required by migrants.

“You came here, you got off a plane and you worked,” he said.

Moe Sultan said the death of his father “was a huge blow to our family”.

Raoul Wilson SC arrives at the Supreme Court of Tasmania. Picture: Chris Kidd

“We miss him terribly,” he said.

“What’s important is that the entire Sultan family is committed to honouring Dad’s memory and continuing his legacy.

“Once the matter of Dad’s will has been resolved we will be able to turn our full attention to how best to continue on his legacy of supporting the community and building a strong business to support Tasmania’s economy.”

Justice Michael Brett will deliver his decision at a date to be determined.

‘Tens of millions’: The key assets in huge will battle

THE high-profile battle over the will of late property mogul Ali Sultan has begun to play out in the Supreme Court.

However, a number of disputes that plagued pre-trial proceedings have now been resolved – with all nine defendants no longer parties to the stoush.

Integrity Commission chief commissioner Aziz Gregory Melick AO, lawyer Damian Egan and Sultan Holdings accountant Mark Saltzman have now renounced their involvement as executors of Ali Sultan’s will, with his son Moe Sultan now withdrawing his claims against them.

With the trio now rescinding their involvement with the will, Mr Sultan has withdrawn allegations against them, including that they’d invalidly appointed themselves directors of Sultan Holdings, that they were “unfit to be granted probate” of Mr Sultan’s will, and that money from the estate had been misused.

Moe Sultan leaves the Supreme Court of Tasmania. Picture: Chris Kidd

The trio had previously denied these claims.

Lawyer Ian Creese and Sultan Holdings project development manager Timothy Lucas previously rescinded their involvement with Mr Sultan’s 2020 will, and were no longer parties to the dispute.

Moe Sultan’s younger brother Saleh has now agreed with his older brother’s contention that their father’s last true will was made in July 2018, along with other former defendants Mezed Eid and Mohamad Eid, and Rola Taychouri-Smith, who claims she was Ali Sultan’s de facto partner at the time of his death.

That group of defendants had not been accused of wrongdoing by Moe Sultan.

Justice Michael Brett said Moe Sultan’s key contention – that his father’s last true will was made in July 2018, and not four further wills made until Ali Sultan’s death in January 2021 – still needed to be proved in court.

Mr Sultan claims wills made in November 2018, November 2019 and December 2020 were invalid – that they did not represent his father’s intentions, and were not valid wills “as he did not know and approve his contents” when he executed them.

He has argued his father had limited English skills, particularly in comprehension of written documents, and that newer versions of the will did not reflect his intentions.

Moe and Ali Sultan

Mr Sultan’s barrister Raoul Wilson SC said Ali Sultan died aged 73 in January 2021, suffering a heart attack while walking on kunanyi / Mt Wellington.

He said the well-known businessman left behind a “very large estate – many tens of millions of dollars”.

Mr Wilson said the exact size of Mr Sultan’s estate was unknown, but that his various trusts and companies owned the Hobart Airport TraveLodge, petrol station and parking, the Vodafone building in the centre of the city, Sultan Parking and a number of residential properties.

He said Mr Sultan was born in Tripoli, Lebanon, coming to Australia in 1969 but never gaining literacy in English.

“One of the remarkable features of this case is that the deceased, while having an enormous acumen in business, was essentially illiterate,” Mr Wilson said.

The barrister said Mezed and Mohamed Eid, who ran a cafe in the Wellington Centre, said Mr Sultan would have his coffee there every morning.

They said Mr Sultan would ask them to explain stories he’d been interested in from the newspaper, and they noticed he signed contracts without reading them himself, relying on others to do so.

Mr Wilson also said a newer version of Mr Sultan’s will had been “summarised” to him by a lawyer.

The hearing continues on Wednesday.

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