In the Will of

The case involves an application for a grant of probate of a copy of the last will of Janice Elaine Ridley, who passed away on 22 December 2021. The applicants for the grant of probate are Stanley George Blanton and Kay Lynette Taylor, who are named as executors in the will. The original will, executed by the deceased on 23 December 2013, was lost after being viewed and copied by a solicitor. The court was tasked with determining whether the photocopy of the will could be admitted to probate in the absence of the original document.

The court had to decide if the requirements for granting probate of a lost will were met. These requirements include confirming the existence of the will, verifying that it revoked previous wills, overcoming the presumption that a missing will has been destroyed, providing evidence of the will's terms, and establishing the will's execution. The photocopy provided evidence of the will's terms and execution, and there had been no objections to the advertisement for the grant of probate. The court also noted that the applicants had made reasonable efforts to locate the original will, which was ultimately unsuccessful.

Having considered the evidence and the legal principles, the court found that all the necessary requirements for the grant of probate had been satisfied. The photocopy of the will provided sufficient evidence of the deceased's intentions and the will's execution. Consequently, the court decided to grant probate of the will in the form of a copy, pending the production of the original will or more authenticated evidence. The applicants were issued with a grant of probate as executors, subject to the formal requirements of the Registrar.

The court ordered that a grant of probate of the will of Janice Elaine Ridley, as contained in a copy dated 23 December 2013, be issued to Stanley George Blanton and Kay Lynette Taylor, as executors. This grant is limited until the original will or more authenticated evidence is produced and left in the Registry.