Re Kenneth George Smith (deceased)

The case of Re Kenneth George Smith (deceased) involved the granting of probate of a lost will. The deceased, Kenneth George Smith, passed away without the original will being located, although a copy dated 15 January 2020 existed. Janice Anne Smith, the sole beneficiary and executor under the will, applied for a grant of probate based on the copy. The legal dispute centred on whether the copy was sufficient to grant probate under the circumstances, given the presumption that the deceased destroyed the will.

The central legal issue before the court was whether the applicant could overcome the presumption that the deceased had destroyed the will, thereby allowing for the grant of probate based on the copy. The court needed to determine if the conditions for a limited grant of probate were met and if the copy was sufficiently authenticated to warrant such a grant.

The court found that the copy of the will was a clear and complete reproduction of the original and was sufficiently authenticated. The court acknowledged the presumption that the deceased destroyed the will but determined that the applicant had provided compelling evidence to overcome this presumption. The court granted a limited, special and conditional grant of probate, subject to the formal requirements of the Registrar, pending the production of the original will or more authenticated evidence.

The court's order granted Janice Anne Smith a limited, special and conditional grant of probate of the will of Kenneth George Smith as contained in the copy dated 15 January 2020. This grant was limited until the original will or more authenticated evidence was produced. The order was subject to the formal requirements of the Registrar.