IN THE ESTATE OF ELIZABETH SEABROOKE (DECEASED)

In the matter of the Estate of Elizabeth Seabrooke (Deceased), the Court was required to determine whether a scanned copy of an electronic will, which could not be located, should be admitted to probate. The deceased, Elizabeth Seabrooke, had created an electronic will on an iPad at the direction of the applicant, her daughter, and intended it to be her last will and testament. This will was executed on 15 October 2018 and was intended to revoke a prior paper will dated 17 August 1993. The central issue before the Court was whether the scanned copy of the electronic will should be admitted to probate despite the original electronic will being lost.

The Court considered the evidence presented, including affidavits from various witnesses, and examined the circumstances surrounding the creation and intended execution of the electronic will. The Court found that the applicant's interest in the estate would be reduced if the electronic will was admitted to probate, thereby eliminating any suspicion regarding the absence of the original document. The Court accepted the applicant's evidence that the scanned copy accurately represented the electronic will and that the electronic will had been lost. The Court further found that the presumption of revocation had been rebutted by the totality of the evidence, including the unlikelihood that the deceased intended to die intestate.

The Court concluded that the scanned copy of the electronic will should be admitted to probate as it faithfully represented the deceased's testamentary intentions. The Court also found that the interests of Mr. Cooper, who would have benefited from the prior will, should not impede the admission of the electronic will to probate, as he could not be located despite efforts to contact him. The Court was satisfied that Mr. Cooper would not suffer any prejudice as he had no entitlement to any part of the deceased's estate under the electronic will. Therefore, the Court directed the Registrar to admit the scanned copy of the electronic will to probate.