In the Will of

The case involves a dispute regarding the granting of probate for the will of Margot Alexandra Bushell-Guthrie, who passed away recently. The primary issue at hand is whether a copy of the original will, which cannot be located, can suffice for the probate process. Lawrence Ray Gleadhill, who filed an affidavit on 8 August 2024, submitted the photocopy of the will as evidence. The court had to decide if the copy could legally allow for the probate to proceed, despite the original being lost.

The legal issues that the court addressed were the conditions under which a copy of a will can be admitted for probate when the original is unavailable. The court needed to consider the authenticity and reliability of the copy and whether it could be deemed sufficiently accurate to permit the distribution of the deceased's estate according to her wishes as expressed in the will. The court had to weigh the requirements of the Succession Act against the practicalities of the situation where the original will was lost.

The court found that the copy provided, which was attached as exhibit LRG-2 to the affidavit, was a faithful reproduction of the original will dated 8 October 1992. The court was satisfied that the copy accurately reflected the contents of the original will and was reliable enough to allow for the grant of probate. Consequently, the court granted a conditional probate to Perpetual Trustee Company Limited, pending the production of the original will or more authentic evidence.

The court's order was that, subject to formal requirements, probate of the will of Margot Alexandra Bushell-Guthrie dated 8 October 1992, as contained in the copy, be granted to Perpetual Trustee Company Limited. This decision allows for the administration of the estate according to the terms of the will as set out in the copy, until such time as the original document is produced or more authentic evidence is provided.