Re: Gurney (deceased)

The applicants, Michael John Gurney, Wayne Stephen Gurney, Ian Philip Gurney, and Neal Scott Gurney, sought a grant of probate for a copy of their deceased relative's will, as they were unable to locate the original. The matter was heard in the Supreme Court of New South Wales, where the applicants argued that the copy in their possession was an accurate representation of the deceased's intentions. The court was required to determine whether the applicants should be granted a grant of probate based on the copy of the will, considering the absence of the original document.

The central legal issue was whether the applicants were entitled to a grant of probate based on the copy of the will, despite the original document being missing. The applicants argued that they had made diligent efforts to locate the original will but had been unsuccessful. They claimed that the copy in their possession was an accurate and complete representation of the deceased's intentions, and that the absence of the original should not prevent them from obtaining the grant of probate. The respondents did not contest the validity of the copy but argued that the original should be located before a grant of probate is issued.

The court considered the relevant legislation and case law on the matter and ultimately found that the applicants had satisfied the necessary requirements to be granted a grant of probate. The court held that the absence of the original will did not preclude the applicants from obtaining a grant of probate if they could demonstrate that the copy was an accurate and complete representation of the deceased's intentions. The applicants had provided evidence that they had made diligent efforts to locate the original will and that the copy in their possession was an accurate and complete representation of the deceased's intentions. Based on this evidence, the court found that the applicants were entitled to a grant of probate.

Accordingly, the court ordered that a grant of probate of the copy of the will of the deceased dated 23 October 2009 be granted to Michael John Gurney, Wayne Stephen Gurney, Ian Philip Gurney, and Neal Scott Gurney as executors. The court's decision recognises that in certain circumstances, a grant of probate may be granted based on a copy of a will, even if the original cannot be located, provided that the applicants can demonstrate that the copy is an accurate and complete representation of the deceased's intentions.