Re Hay (dec'd)

The case of Re Hay (dec'd) involved Ailsa's application for probate of a copy of Donald's will. The original will had been retained by O'Reilly Lillicrap, a firm of solicitors who had prepared it. The key dispute was whether the court should grant probate of the copy will as the original was missing and presumed lost in the solicitors' custody. The matter was heard in the Queensland Supreme Court.

The legal issues before the court were whether the application should proceed without an oral hearing and if the copy will should be admitted to probate. The court had to consider the criteria for admitting a copy will to probate, including the presumption that a lost will was revoked by the testator, and whether this presumption had been overcome by Ailsa. The court also needed to determine if the copy will satisfied the requirements for admission to probate, including evidence of the will's terms and its execution.

The court concluded that the application could proceed without an oral hearing as there were no exceptional circumstances that would necessitate a hearing. It found that Ailsa had satisfied the criteria for admitting the copy will to probate. The court accepted that the copy will embodied Donald's testamentary intentions, revoked previous wills, and was duly executed. It also found that Ailsa had overcome the presumption that the lost will was revoked by Donald, based on the evidence presented. Consequently, the court granted probate of the copy will.

In summary, the court determined that Ailsa's application for probate of the copy will could proceed without an oral hearing and that the copy will met the requirements for admission to probate. The court issued orders accordingly, admitting the copy will to probate subject to the formal requirements of the Registrar.