In the Will of

The case of In the Will of, involves an application by the Applicant for the probate of a photocopy of the deceased’s Will. The deceased’s original Will was stolen from a solicitor's car. The Court was required to determine whether it should grant probate based on the photocopy of the Will in light of the circumstances surrounding the loss of the original. The matter was heard in the Supreme Court of Victoria.

The central legal issue before the Court was whether it should grant probate of a photocopy of the deceased’s Will when the original had been stolen and no more authenticated evidence was available. The Court had to consider the principles of equity, the best interests of the estate and the deceased's testamentary intention. The Court also needed to assess the reliability and authenticity of the photocopy as evidence of the deceased’s last wishes.

The Court concluded that it should grant probate of the photocopy of the Will, subject to certain conditions. The Court recognised the strong evidence of the deceased's intention to leave property as indicated by the photocopy. The Court also noted the absence of any dispute regarding the contents of the Will and the lack of prejudice to any interested party. The Court determined that it was in the best interests of the estate and the deceased's beneficiaries for the Will to be probated, pending the production of the original or more authenticated evidence.

The Court ordered that probate of a photocopy of the Will of the deceased dated 10 March 2020 be granted to the Applicant, limited until the original Will or more authenticated evidence is brought and left in the registry.