In the Will of

SUPREME COURT OF QUEENSLAND

CITATION:

In the Will of Valerie Eve Robson (deceased) [2020] QSC 52

PARTIES:

ANN SMITH AND LOREI SUZANNE THOMPSON

(Applicants)

FILE NO/S:

BS 2285 of 2020

DIVISION:

Civil

PROCEEDING:

Application on the papers

ORIGINATING COURT:

Supreme Court

DELIVERED ON:

25 March 2020

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers

JUDGE:

Brown J

ORDER:

1. Pursuant to r 489(1) of the Uniform Civil Procedure Rules 1999 (Qld) this application proceed without an oral hearing.

2. Pursuant to r 7 of the Uniform Civil Procedure Rules 1999 (Qld) the time for filing and hearing this application be abridged.

3.   Subject to the formal requirements of the Registrar, the photocopy of the Will of VALERIE EVE ROBSON, Unit 1, 33 Jarnahill Drive, Mount Coolum in the State of Queensland that is Exhibit A to joint Affidavit Supporting Probate Application of Ann Smith and Lorei Suzanne Thompson affirmed 26 February 2020 be admitted to probate until the Original Will or more authenticated evidence be brought into and left in the Registry.

4.   The Estate pay the costs of the Application.

CATCHWORDS:

SUCCESSION – WILLS, PROBATE AND ADMINISTRATION – MAKING OF A WILL – TESTAMENTARY INSTRUMENTS – WHEN LOST, MISLAID, DESTROYED OR NOT AVAILABLE – where a copy of the original will was executed and provided to a named executor – where the original will was misplaced and never located – where the only evidence of the will is the copy provided to the executor – whether the copy of the original will should be admitted to probate

Uniform Civil Procedure Rules 1999 (Qld), rr 7, 489 & 598
Cahill v Rhode [2002] NSWSC 561, considered
Frizo v Frizo [2011] QSC 107, followed

SOLICITORS:

Sunshine Coast Legal Pty Ltd for the Applicants

1. This is an application on the papers seeking an order of the Court that the photocopied Will of Valerie Eve Robson (the Deceased), dated 20 December 2004, be admitted to probate. 

2. The Deceased died on 29 August 2019.  She was diagnosed with Alzheimer’s on 10 December 2012.  The photocopy of the Will is dated 20 December 2004.  The photocopy of the Will in question shows that the Will has been duly executed on 20 December 2004 and witnessed.  The Will states that it was prepared by Noel Woodall & Associates Lawyers. 

3. A copy of the Will was sent via post to Ann Smith, the deceased’s stepsister.[1]  Ms Smith has deposed that the Deceased had told her in advance that she would be an executor of the Will and that the Deceased would send her a copy of the Will.  Ms Smith has verified that the handwritten comments on the Will, namely “Annie – Copy of my will. Any questions – just ask Val” and “Original with” above the words “Noel Woodall & Associates” are, from her knowledge of the Deceased’s handwriting, in the Deceased’s handwriting.  Ms Smith maintained a copy of the Will until the death of the Deceased.

   [1]See affidavit of Ann Smith filed 2…