The Supreme Court of Queensland addressed the issue of probate for a lost will. Upon the application of Roma Catherine Calabro, the court was asked to grant probate of a photocopy of her late husband's will, dated 28 April 2020, as the original could not be located despite thorough searches. The court had to consider whether to allow a copy of the will to stand in place of the original and what evidence was required to substantiate its terms and execution. After reviewing the circumstances under which the will was lost and the evidence presented, including the procedures undertaken by the deceased's solicitors regarding the will's custody and the lack of intent by the deceased to revoke his will, Justice Muir was satisfied that all legal criteria for granting probate of a lost will were met. Consequently, the court ordered the photocopy of the will to be admitted to probate, subject to formal requirements, and allowed the costs of the application to be paid out of the estate.
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