In the Will of

The case pertains to the estate of Valerie Eve Robson, who resided at Unit 1, 33 Jarnahill Drive, Mount Coolum, Queensland. The dispute revolves around the validity of a photocopy of her will, as the original document has been lost or misplaced. The application was heard by the Supreme Court of Queensland, which was tasked with deciding whether the copy of the will could be admitted to probate in the absence of the original.

The primary legal issue before the court was whether the copy of the will, provided to one of the named executors, could be admitted to probate in lieu of the original will, which could not be located. The court had to determine whether the copy met the legal standards for testamentary instruments and whether it sufficiently represented the deceased's intentions.

In addressing the legal issues, the court noted that the copy of the will was provided to one of the named executors and was accompanied by an affidavit affirming its accuracy. The court emphasised the importance of ensuring the deceased's testamentary wishes are upheld, even when the original document is not available. It held that the copy was admissible to probate on the basis that it was the best evidence available of the deceased's will, and that no other authenticated evidence was presented. The court concluded that the copy should be admitted to probate, pending the production of the original will or more authenticated evidence.

The court's orders included proceeding with the application without an oral hearing and abridging the time for filing and hearing the application. The court granted the application to admit the copy of the will to probate, subject to the formal requirements of the Registrar. Additionally, the estate was ordered to pay the costs of the application.