In the Will of

In the matter of the estate of Frances Monica Smith, deceased, the applicants sought a grant of probate for a photocopy of the deceased's will, dated 21 September 2016. The applicants, Paul Joseph Smith and Madonna Elizabeth Jenner, sought to be appointed as executors of the estate. The matter was heard in the Supreme Court of Queensland. The central legal issue before the court was whether probate should be granted for a photocopy of the deceased's will in the absence of the original will or more authenticated evidence. The applicants argued that the original will was lost, and the photocopy was an accurate reproduction of the original.

The court considered the relevant statutory provisions, including section 29 of the Succession Act 1981, which provides for the grant of probate in cases where the original will is lost or destroyed. The court also considered relevant case law, including Re Smith; Ex parte Edwards, where it was held that a photocopy of a will could be admitted as evidence of the contents of the will if it is shown to be a true copy. The court noted that the applicants had provided evidence to support the authenticity of the photocopy, including evidence from a handwriting expert. The court was satisfied that the applicants had established that the photocopy was a true and accurate reproduction of the original will.

Having considered the evidence and the relevant legal principles, the court determined that probate should be granted for the photocopy of the will. The court noted that the grant of probate would be limited until the original will or more authenticated evidence is brought and left in the registry. The court made an order granting probate of the photocopy of the will to the applicants, subject to the formal requirements of the Registrar, limited until the original will or more authenticated evidence is produced.