In the Estate of Lenin Carl Daft

The case pertains to the succession of the estate of Lenin Carl Daft, who passed away leaving behind a will. The deceased's will, originally created on 12 December 2016, could not be located, though a copy was available. Jayne Louise Herring, one of the potential beneficiaries, applied for a grant of probate based on the available copy of the will. The Supreme Court of Queensland was tasked with determining whether the copy could serve as a basis for probate.

The legal issue before the court was whether the absence of the original will could be compensated by a copy, particularly when the copy was supported by an affidavit from a person with knowledge of the circumstances surrounding the creation of the will. The court had to consider the rules and precedents regarding the probate of lost wills, especially in light of the availability of a copy that matched the description of the original will.

In addressing the matter, the court considered the provisions of the Uniform Civil Procedure Rules 1999 (Qld) and relevant case law concerning the probate of lost wills. The court found that the copy of the will, along with the affidavit from Jayne Louise Herring, provided sufficient evidence to support a grant of probate. The court concluded that a limited grant of probate could be issued, pending the production of the original will or more authenticated evidence. The application was deemed to proceed without an oral hearing, and the court granted the requested probate on the copy of the will.

The orders made by the court include a direction that the application proceed without an oral hearing and the formal grant of probate on the copy of the will to Jayne Louise Herring as executor limited. The court instructed that the grant would remain in effect until the original will or more authenticated evidence is presented. This decision allows the estate to be managed under the terms of the will, while also preserving the possibility for future amendments should the original will be found.