Re Warren (deceased)

The application in the case of Re Warren (deceased) was brought before the Supreme Court of Victoria. The central issue was whether the court should grant probate of a will based on a photocopy found among the deceased's effects after the original will had been lost. The deceased had made a properly executed and witnessed will, which was subsequently lost. A photocopy of the will was later discovered. The applicants sought a grant of probate over this photocopy, arguing that it accurately reflected the terms of the lost will.

The court was required to determine whether the lost will could be considered for probate based on the photocopy, and if the presumption of revocation due to the loss of the will could be rebutted. The presumption that a lost will was intended to be revoked by its destruction was a critical point of contention. The applicants argued that the deceased had continued to refer to the will as her last will and that the photocopy was an accurate representation of the original.

The court concluded that the presumption of revocation could be rebutted in this case. The evidence showed that the deceased had consistently referred to the lost will as her last will, and the photocopy was found in an envelope clearly identifying it as the deceased's last will. This evidence indicated that the will had not been revoked by its destruction. Consequently, the court granted the application for probate, accepting the photocopy as a sufficient basis for granting probate of the will.

The final order was that the application for probate based on the photocopy of the lost will was granted, allowing the estate to be administered in accordance with the terms of the will as represented by the photocopy.