In the Will of

The case involved a dispute regarding the validity of a will submitted for probate by Roma Catherine Calabro, who claimed to be the intended beneficiary. Giuseppe Benito Sydney Calabro, who passed away, was the deceased whose will was in question. The will in question dated 28 April 2020 was submitted by Roma Catherine Calabro on 26 March 2024 for probate. The matter was heard by the court, which had to determine the authenticity and admissibility of the submitted will.

The primary legal issue before the court was to decide whether the submitted will, which was a photocopy, was sufficient to grant probate pending the production of the original document or more authenticated evidence. The court had to consider the legal requirements for the submission and acceptance of a will for probate and whether the photocopy met these criteria.

The court found that the requirements for probate were met in this instance. The document in question, exhibit “A” to the affidavit, was accepted as a provisional photocopy of the will pending the submission of the original or more authenticated evidence. The court ruled that the submitted document was a valid representation of the deceased's testamentary wishes, and it granted probate accordingly. Additionally, the court ordered that the applicant's costs of the application be paid out of the estate.