In the Will of

The court was asked to determine the validity of a copy of a will in the estate of a deceased person. The original will, executed in Queensland, was lost, and the applicants sought to have a copy admitted to probate. The central issue was whether the copy accurately represented the deceased's testamentary intentions and if the document was indeed intended to serve as the will, given it was not executed in accordance with the formalities stipulated in the Succession Act 1981 (Qld). Additionally, the court had to decide whether an unsigned and undated note found among the deceased's papers, which appeared to be a codicil, should be incorporated into the will.

The court examined the circumstances surrounding the execution of the will and the nature of the lost document. It considered the evidence provided by witnesses who attested to the deceased's intention to create a will and the contents of the lost document. The court held that the copy provided was a faithful reproduction of the original will and granted probate to the executors named in the copy, subject to the original or more authenticated evidence being produced. The court also ruled that the unsigned note was not intended to be a codicil to the will, as there was insufficient evidence to support its incorporation.

Pursuant to section 18 of the Succession Act 1981 (Qld), the court granted probate to the executors of the copy of the will, with the condition that the grant remains limited until the original will or more authenticated evidence of it is produced. The costs associated with the application were to be paid from the estate of the deceased.