In the Will of

The deceased, Christina Boyd, passed away in 2024, leaving behind a will dated 16 February 2018. Paul Boyd, the intended executor named in the will, sought probate of the will. However, the original will could not be found, and only a photocopy was available. The matter was heard in the Supreme Court of Queensland, where Paul Boyd applied for a limited grant of probate based on the photocopy of the will. The court was required to decide whether a photocopy of a will could be used to grant probate in the absence of the original will.

The court considered whether the photocopy of the will met the legal requirements for granting probate in the absence of the original will. The court noted that a lost will could be proved by a copy if it was shown to be a true copy of the original will. The court also considered the circumstances in which the copy was made and whether there were any doubts about its authenticity. Ultimately, the court was satisfied that the copy of the will was a true copy of the original will and that there were no doubts about its authenticity. The court found that the copy was sufficient to grant a limited grant of probate to Paul Boyd.

The court granted a limited grant of probate to Paul Boyd, subject to the formal requirements of the Registrar. The court held that the photocopy of the will was sufficient to grant probate in the absence of the original will. The court noted that the limited grant of probate would remain in effect until the original will or more authenticated evidence of the will was produced. The court's decision ensures that the estate of Christina Boyd can be properly administered, and the wishes of the deceased are carried out.