In the Will of

In the matter of the succession to the estate of Nina Elizabeth Mary Greer, the court was asked to determine whether a copy of her will should be admitted to probate, given that the original document was missing. Greer executed her will on 19 May 2004 and retained a copy for herself while providing another to a beneficiary. The original has since been lost or destroyed, and efforts to locate it have been unsuccessful. The central issue before the court was whether the copy of the will, in the absence of the original, could be admitted to probate.

The court considered whether the copy of the will provided by the beneficiary met the legal criteria for probate in the absence of the original document. The court recognised that the original will was not available and examined the circumstances under which the copy had been retained and provided. The court concluded that the copy of the will could be admitted to probate as it was the best available evidence of the deceased’s testamentary intentions, and there was no suggestion of fraud or error in its creation. The court also noted the lack of evidence that the copy had been altered since it was executed.

The court determined that the formal requirements for probate were satisfied by the copy of the will, and it granted an order admitting the copy to probate. The court emphasised that this order was conditional on the formal requirements being met by the Registrar and would remain in effect until the original will or more authenticated evidence was produced. This decision ensures that the testamentary intentions of the deceased are given effect, and the estate can be administered according to the terms of the will as evidenced by the copy.