In the Will of

The case involved an application for the probate of a lost Will, specifically the Will of Kenneth Thomas Strutt (dec’d) dated 7 October 2025. The applicants sought to have the Will admitted to probate despite the original document being unavailable, as only a photocopy of the Will was present. The matter was heard in the Supreme Court of Victoria, where the applicants argued that the photocopy, which was provided as exhibit DBS1 to the affidavit of Dean Bradley Stibbe, should be sufficient for the granting of probate.

The primary legal issue before the court was whether the photocopy of the Will was admissible as evidence to support the grant of probate in the absence of the original document. The applicants contended that the photocopy was the best evidence available and should be accepted under the circumstances. The court needed to determine the admissibility of the photocopy and whether it met the legal standards required for the grant of probate.

The court considered the established principles regarding the admissibility of photocopies in probate matters and weighed the evidence presented. It concluded that the photocopy, while not the original, provided sufficient evidence to support the grant of probate. The court found that the copy was the best evidence available and that its admission was appropriate in the circumstances. Accordingly, the court granted the application for probate, subject to the formal requirements of the Registrar.

The court issued an order granting probate of the Will of Kenneth Thomas Strutt (dec’d) dated 7 October 2025, as contained in the copy of that Will provided as exhibit DBS1 to the affidavit of Dean Bradley Stibbe. The order allowed for the probate to be granted to the applicants until such time as the original Will or more authentic evidence is produced. The court reserved costs for further consideration.