In In the Will of Frances Monica Smith [2024] QSC 84, the Supreme Court of Queensland considered an application by Paul Joseph Smith and Madonna Elizabeth Jenner, the executors named in the Will of Frances Monica Smith, for probate of a photocopy of the Will dated 21 September 2016. The original Will could not be located, potentially due to it being lost during Frances Smith's move to high care in 2019. Paul and Madonna were able to provide a copy of the Will, corroborated by a photograph taken by Paul and a certified copy from the solicitor, Robert Maggs. The court found the necessary criteria met, including evidence of the Will’s terms, proper execution, and the deceased's intention, thereby overcoming presumptions of revocation. Consequently, the court ordered that probate be granted for the photocopy, subject to formal requirements, until further authenticated evidence or the original Will is produced.
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