Boland v Morton

The case of Boland v Morton, heard in the Supreme Court of Victoria, involved a dispute over the validity of a will and its accompanying photocopies. The plaintiffs sought to have the will admitted to probate, but the will itself could not be located. Instead, the plaintiffs provided photocopies, which the defendants contested, claiming they were forgeries. The defendants argued that the original will had been stolen. The central legal issue for the court was whether the photocopies could be accepted as evidence of the will's content, and if so, whether they could be used to grant probate.

The court found that the photocopies were authentic and reflected the actual contents of the original will. It concluded that the original will had not been stolen but was instead misplaced. The court considered the circumstances surrounding the disappearance of the original will and determined that there was no evidence of foul play or theft. Given that the photocopies were clear and the content was consistent with the known wishes of the deceased, the court found no reason to doubt their authenticity. This reasoning led to the conclusion that the will could be admitted to probate based on the photocopies provided.

In light of the findings, the court ruled that the plaintiffs were entitled to have the will admitted to probate, despite the absence of the original document. The court emphasised that there was no question of principle that would prevent the admission of the will based on photocopies, provided they accurately represented the original's content. The court's decision allowed the estate to be distributed according to the deceased's wishes as evidenced by the photocopies. This outcome was consistent with the need to resolve the estate administration efficiently while respecting the deceased's intent.