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The High Court determined that the presumption of revocation did not apply to the deceased's will, concluding on the balance of probabilities that the original will was never sent to the deceased and never came into her possession. Despite a letter on the solicitor's file indicating that the original will and an enduring power of attorney may have been posted, compelling evidence from the solicitor's practice and office procedures, along with the absence of any record or sighting of the originals outside the solicitor’s office, led the court to find it highly unlikely that the originals left the office. As a result, the application to admit a copy of the will for probate was allowed, as there was no evidence that the deceased revoked her will.
probate – presumption of revocation – will – estate administration – original will – solicitor’s practice – burden of proof – Succession Act 1965 – Rules of the Superior Courts (RSC) – executors – intestacy – evidence – copy will – application to admit will – probability
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