The appellant appealed a trial decision admitting an unsigned copy of his mother's 1997 will for probate.
The respondent, the testator's common law husband, had presented a 'cut and paste' photocopy after the original was lost.
The appellant argued the trial judge erred in applying the test for proving a lost will and failed to consider suspicious circumstances.
The Court of Appeal dismissed the appeal, finding the trial judge correctly applied the four-part test for proving a lost will, including rebutting the presumption of revocation and proving the contents.
The Court also held that the facts did not amount to suspicious circumstances that would vacate the presumption of testamentary capacity.
