Proud v Proud

The case involved a dispute over the will of a deceased person, with the primary issue being the proof in solemn form of a lost will. The will was not available, but a copy made by a solicitor was. The case was heard in the Supreme Court of South Australia. The central legal issues were whether the lost will could be proven in solemn form using the solicitor's copy, and if so, whether the testator had the necessary testamentary capacity to make the will, and if the presumption of the will's destruction with the intention to revoke could be rebutted.

The court found that the solicitor's copy of the will could be used to prove the lost will in solemn form, as it was the most authentic copy available. The court also held that the testator had testamentary capacity and that the presumption of destruction with the intention to revoke had been rebutted. The anterior will, which provided for the children's spouses, grandchildren, and great-grandchildren, was duly executed. The court further found that the infant beneficiaries could be joined under the earlier will, and ordered the appointment of a representative defendant for the unborn grandchildren and great-grandchildren. The court noted some doubt as to the effect of limitations on vesting and requested that the form of the grant be settled by a Probate Registrar. The court limited the grant until proof of the last will or a more authentic copy was provided.

The final orders of the court were that the will could be proved in solemn form using the solicitor's copy, limited until proof of the last will or a more authentic copy was provided. The court granted liberty to apply in relation to the form of the grant and ordered that all parties' costs in the proceedings be paid out of the estate.