In the Will of

In the case of the deceased, Mary Elizabeth Patchett, the dispute centred around the testamentary disposition of her estate. Patchett executed a will on 2 October 2014, which was to be executed in six pages. Four original pages and two copied pages were provided to the named executor. Unfortunately, the two original pages were misplaced and never located. The only remaining evidence of the will is the combination of the original and copied pages provided to the executor. The court had to determine whether the copy of the will should be admitted to probate in the absence of the two original pages.

The legal issue before the court was whether the copy of the will, when combined with the four original pages, constituted sufficient evidence to admit the will to probate. The court had to balance the principles of testamentary freedom and the need to ensure that the deceased's intentions were accurately reflected in the will. The court had to consider whether the missing pages could have materially affected the disposition of the estate and whether the copy provided was a reliable representation of the missing pages.

The court found that the missing pages did not materially affect the disposition of the estate as the testamentary intentions were clearly expressed in the remaining pages. The court held that the copy of the will, when combined with the four original pages, provided sufficient evidence to admit the will to probate. The court noted that the copy was made contemporaneously with the execution of the will and was therefore a reliable representation of the missing pages. The court also noted that the named executor had no interest in the estate and had acted in good faith throughout the proceedings.

The court ordered that the copy of the will be admitted to probate until the original will or more authenticated evidence was brought into and left in the Registry. The court also ordered that the application proceed without an oral hearing, subject to the formal requirements of the Registrar. This decision provides guidance on the admissibility of copies of wills in the absence of the original document and highlights the importance of ensuring that testamentary intentions are accurately reflected in the will.