Re Meredith

The applicant, Adrian Walter Brown, applied for the probate of a photocopy of the will of the deceased, Bevan Stanley Meredith, who passed away on 30 May 2020. The deceased had been a resident of the Symes Grove Home for the Aged in Taigum, Queensland. The original will of the deceased could not be located, and the applicant submitted a photocopy of the will in lieu of the original. The matter was heard in the Supreme Court of Queensland. The primary legal issue before the court was whether it was appropriate to grant probate to a copy of the deceased's will when the original could not be located.

The court considered the relevant statutory provisions and case law concerning the grant of probate to a copy of a will. The court noted that the deceased had maintained the will for many years and had executed a will that revoked all previous wills. There was no evidence of any intention by the deceased to revoke the will. The court held that it was appropriate to grant probate to a copy of the will, subject to the formal requirements of the Registrar. The court concluded that the circumstances of the case warranted the granting of probate to the photocopy of the will, and the applicant was directed to bring the original will or more authenticated evidence into and leave in the Registry.

The court ordered that the application proceed without an oral hearing and that the photocopy of the will be admitted to probate until the original will or more authenticated evidence was brought into and left in the Registry. The court also noted that the formal requirements of the Registrar must be satisfied before the grant of probate would be finalised. This decision provides guidance for practitioners dealing with similar situations where the original will cannot be located, and a copy of the will is submitted for probate.