Re Estate of Marcos

The case of Re Estate of Marcos arose from a dispute concerning the estate of a deceased person who was believed to have left a will. The primary issue was whether a copy of the will, which was submitted for probate, could be granted despite the original will being missing and presumed destroyed. The matter was heard in the Supreme Court of Victoria.

The legal issues before the court involved the principles governing the grant of probate to a copy of a will when the original has been lost or destroyed. The court had to determine whether the presumption of the will's destruction could be rebutted and if there were any circumstances that suggested the will had indeed been destroyed. Additionally, the court considered whether the copy submitted met the necessary standards to be accepted as the will of the deceased.

In delivering the judgment, the court noted that the presumption of the will's destruction arises when the original cannot be found and there are no circumstances indicating otherwise. The court found that there were no specific circumstances presented that pointed to the destruction of the will. The copy submitted was consistent with the form and substance of the will as known, and it was deemed to be a true and accurate copy of the original will. Consequently, the court granted probate of the copy will.

The final orders of the court were that probate of the copy will be granted, recognising it as the valid will of the deceased. The court's decision was based on the absence of evidence suggesting the will's destruction and the authenticity of the copy presented.