06/07/2024
The Estate of Robert Lindley Palfreyman [2024] TASSC 32 was an application for a grant of probate of a copy of a will dated 19 June 2903 of the late Robert Lindley Palfreyman who died on 13 August 2011.
He was survived by the applicant, with whom he was in a significant relationship at the time of his death, his former wife from whom he was divorced in 1980 and three adult children who were then aged 47, 46 and 23 years.
The Will was properly executed. The date was found to be a typographical error, the evidence established the Will was made on 19 June 2003.
The applicant had collected the original Will from the office of the solicitors who had prepared it, Dobson Mitchell Allport, on 27 March 2014. The acknowledgement of receipt of this document retained by the solicitors, was in evidence.
The applicant subsequently lost the original Will. The principal asset was the home which they owned as tenants in common. The applicant continued to live in the home after the deceased’s death. The need to obtain probate was only drawn to her attention when she considered selling the home, many years later.
The Court ordered that probate of a copy of the Will be granted to the applicant.