Re Hay (deceased)

The case before the court involved an application for the probate of a lost will, where the original document could not be located, but a copy was available. The applicant, Susan Jennifer Hay, sought a grant of probate based on a photocopy of the deceased's will, dated 22 May 1998. The deceased, Constance Hay, passed away, and the original will could not be found, despite the applicant having taken possession of it at an unspecified date. The court had to determine whether the copy of the will could allow for admission to probate.

The legal issues before the court included whether a copy of a lost will could be sufficient for the grant of probate, and what conditions, if any, should be attached to such a grant. The court considered the relevant statutory provisions and case law regarding the admissibility of lost wills and the circumstances under which a copy might be sufficient. The court also had to consider the appropriate conditions that might be imposed on a grant of probate in such cases to ensure the integrity of the estate administration process.

In its decision, the court held that a copy of a lost will could be sufficient for the grant of probate, subject to certain conditions. The court noted that while the original will was preferable, the existence of a copy, coupled with the circumstances of the case, could justify a grant. The court decided that the grant should be limited until the original will or more authenticated evidence was produced. The court also ruled that the costs of the application should be borne by the deceased's estate.

The orders of the court included a grant of probate to Susan Jennifer Hay as the executor, subject to the formal requirements of the Registrar, limited until the original will or more authenticated evidence was brought into and left in the registry. Additionally, the court ordered that the deceased, Constance Hay, pay the costs of the executor, Susan Jennifer Hay, of the application.