In the Estate of LEON KOLECKI (DECEASED)

The application concerned the granting of probate to a copy of a will of Leon Kolecki, who died on 11 June 2008. The deceased's daughter, Danuta, sought to have probate granted to a copy of the deceased's will, dated 3 June 2003, because the original could not be found. The application was not opposed. The central issue was whether the copy of the will provided was an accurate and complete copy of the deceased's last will and testament and whether the presumption of revocation of the will could be rebutted. The court had to consider whether the deceased effectively revoked the will by destroying it, and if so, whether there was sufficient evidence to rebut any presumption of revocation.

The court concluded that the copy of the will presented was an accurate and complete copy of the deceased's last will and testament. The court considered that the deceased did not revoke the will by destroying it. The court found that the presumption of revocation did not arise and, in the alternative, that if it did arise, there was sufficient evidence to rebut it. The court was satisfied that the deceased's intention was to leave his estate according to the terms of the will and that there was no evidence to suggest otherwise. The court granted probate to the copy of the will to Danuta Miller, the sole substituted executor named in the will, subject to the condition that the original will or a more authentic copy be produced in the future.

The court's final order was that probate of the last will and testament of Leon Kolecki, dated 3 June 2003, as contained in the copy provided, be granted to Danuta Miller, the sole substituted executor named in the will, limited until the original will or a more authentic copy is brought into and left in the Probate Registry of the Court. The applicant was directed to prepare minutes of orders to give effect to the above order.