Re Fawkes

The application in the matter of Re Fawkes involved a dispute over the probate of a will. The applicant, Noel Eric Fawkes, sought the probate of a copy of his mother's will. The deceased, Joan Fawkes, had passed away, and the original will could not be located. The legal issues revolved around whether it was appropriate to grant probate to a copy of the will when the original could not be found and whether the copy was an accurate representation of the deceased's wishes.

The court had to determine whether it was appropriate to grant probate to a copy of the will when the original could not be located. The court noted that the original will had been in the possession of the deceased or the solicitors who prepared it, and a liquidator had been appointed to the firm of solicitors. However, there was no doubt that the will existed, and copies of the will were available. The court also considered that the will had revoked all previous wills and that there was no evidence of any intention by the deceased to revoke the will.

The court concluded that it was appropriate to grant probate to the copy of the will. The court noted that the circumstances of the case were exceptional, and the copy of the will was an accurate representation of the deceased's wishes. The court further noted that the copy of the will was admissible as evidence and that there was no reason to doubt its authenticity. The court therefore ordered that the copy of the will be admitted to probate until the original will or more authenticated evidence be brought into and left in the Registry. The application proceeded without an oral hearing, and the formal requirements of the Registrar were satisfied.