Re Gardner (dec'd)

The deceased, Norman Oswald Gardner, had made a will on 18 January 2018, which was to be admitted to probate. The original will was retained by the deceased, while copies were distributed to the executor and beneficiaries. Unfortunately, the deceased moved residences after making the will, and the original could not be located, raising questions about whether the presumption of revocation had been rebutted and whether probate should be granted on the copy will. The matter was brought before the court to determine the validity and admissibility of the copy will for probate.

The court had to decide whether the presumption of revocation of the will had been rebutted, given that the original will could not be found. Additionally, the court needed to determine if the copy will could be admitted to probate, considering the circumstances surrounding the deceased's movement and the absence of the original will. The court also had to examine the circumstances in which the will was made, including the deceased's intention to rely on the copy will and whether there were any circumstances that would lead to the presumption of revocation being rebutted.

The court found that the presumption of revocation had been rebutted, as the deceased had intended for the copy will to serve as the valid testamentary document. The court took into consideration the circumstances in which the will was made, including the deceased's intention to rely on the copy will, and the absence of any evidence suggesting that the will had been revoked. The court held that the copy will was admissible for probate, and granted probate on the copy will as Exhibit A to the affidavit in support of the probate application of Christine Anne Watkinson.

The court ordered that the application proceed without an oral hearing, and that a copy of the will dated 18 January 2018 be admitted to probate until the original will or more authenticated evidence be brought into and left in the Registry.