Lost Wills and Probate: Lessons from In the Will of Julie Michel Farr [2024] QSC 309

What Happens When a Will Goes Missing?

Losing an original Will can be a stressful and legally complex situation. A recent Queensland Supreme Court case, In the Will of Julie Michel Farr [2024] QSC 309, highlights how courts handle probate applications when the original Will cannot be found.

This case provides valuable insights into how missing Wills are treated under Queensland law and what steps executors and family members can take to avoid complications.

Case Summary: The Missing Will of Julie Michel Farr

The applicant, Ash Andrew Karnauchow, was the executor and widower of the deceased, Julie Michel Farr. He applied for probate of a copy of the Will because the original could not be found.

Key Facts:

Julie Michel Farr’s Will was dated 30 March 2019.
A photocopy of the original Will was available.
The original Will was last seen in the possession of the executor after the deceased’s passing.
Despite thorough searches, the Will could not be located.
It was likely accidentally disposed of while decluttering the home for a property sale.

Legal Issues Considered by the Court

For a court to grant probate of a copy of a Will, five conditions must generally be satisfied:

The original Will existed – Proven by the photocopy and evidence from the deceased’s mother, who had seen it after the deceased’s passing.
The original Will was validly executed – It had an attestation clause and was signed by the testator and two witnesses. One witness confirmed their own and the other’s signatures.
The terms of the original Will were clear – The photocopy showed the full terms and revoked any previous Wills.
Proper searches were made for the original Will – The executor conducted thorough searches, but the document was never found.
The Will was not revoked – A presumption exists that if a Will is missing and was last in the testator’s possession, it was revoked. However, in this case, the Will was last in the executor’s possession, so the presumption of revocation did not arise.

Court Decision

The Supreme Court of Queensland granted probate of the photocopied Will, allowing the executor to administer the estate based on the copy.

The court also ordered that:

The probate grant would be limited until the original Will or further authenticated evidence was provided.
The estate would cover the applicant’s legal costs on an indemnity basis.

Key Takeaways: Protecting Your Will

This case highlights the importance of keeping an original Will safe. Here’s how you can avoid similar issues:

1. Store Your Will Securely

Keep the original Will in a fireproof safe or a secure location (e.g., a solicitor’s office, a bank safe deposit box).
Avoid placing it in cluttered areas where it might be thrown away accidentally.

2. Inform Key People

Let your executor and trusted family members know where the original Will is stored.
Consider leaving a note with your solicitor about its location.

3. Make Copies (But Know Their Limits)

A certified copy of your Will can help in case of disputes but is not a legal replacement for the original.
Courts can accept a copy in certain cases, but proving its validity can be complex and expensive.

4. Keep Digital Records

While a photocopy helped in this case, a scanned PDF with authentication (e.g., a solicitor’s electronic records) may provide better security.
Some law firms offer digital Will storage services.

5. Review and Confirm Storage After Major Life Events

If you move house, declutter, or reorganize documents, double-check that your Will remains secure.
Losing a Will can lead to delays, legal costs, and potential disputes over the estate.

Final Thoughts

The case of In the Will of Julie Michel Farr shows how careful storage and record-keeping can make a difference when dealing with Wills and estates. Executors and beneficiaries should be proactive in ensuring Wills are stored safely to avoid unnecessary court applications and delays in administering estates.

If you need help drafting, storing, or retrieving a Will, contact The Wills Guy today to make sure your estate planning is secure.