Doust, In the will of [2005] QSC 301

State Reporting Bureau Queensland Government Department of justice and Attorney-General [*005] Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 13 October, 2005 Application No 406 of 2005 IN THE WILL OF THELMA DOUST CAIRNS .. DATE 07/10/2005 JUDGMENT WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- 07102005 D.1 T9/KLW M/T CNS1/2005 (Jones J) HIS HONOUR: This is an application by Bradley Paul Hafner who seeks a grant of probate of the will of Thelma Doust who died at Meadowbrook on the 22nd of June 2003. That is confirmed by certificate of death, exhibited to his affidavit. The applicant would seek to prove a copy of that will. The original will left by the testatrix has simply been lost. It was viewed after her death by staff of Mahoney & Hesford Solicitors in whose office the will was kept for safe keeping. Copy wills were indeed certified by two of the staff of that firm. Those certified copies are available, but the original will appears to have been lost somewhere between its keeping place and the solicitors who were instructed to seek the grant of probate. The original was throught to be handed to the applicant but despite searches by him and the respective solicitors, it couldn't be found. The application is made pursuant to section 6 of the Succession Act 1981, and in the circumstances it would appear that the application is appropriately made to the Court. I am satisfied that there has been a due execution of the will, I am satisfied on the material that the will existed after the death of the testator, and I am also satisfied as to the accuracy of the copy which was put forward as proof of the will. The fact that the original will was seen after the testatrix death means that I can be satisfied that the requirement of section 20 of the Succession Act that there has been no revocation by destruction of the will. 2 JUDGMENT -- 2 of 3 -- 07102005 D.l T9/KLW M/T CNS1/2005 (Jones J) On being satisfied of all the other matters, it seems appropriate that the copy will be admitted to probate in a way that if the original will is found, it be substituted for the copy . 1 10 HIS HONOUR: Upon the solicitor's undertaking that if the original will is found that it will be produced to the Court in substitution of a copy will I order that probate be granted subject to the formal requirements of the Registrar. 20 30 40 50 3 JUDGMENT 60 -- 3 of 3 --