Lost Wills

Lost Wills Once a will has been made it is usually stored away in a "safe" place. Once that person dies, if nobody knows where that safe place is then the Will may go unfound. In the meantime accidents do happen and Wills do get accidentally destroyed, either in whole or part.

If there is a lost will there is a presumption that it was revoked by destruction by the maker. However, it may be possible to deal with the estate even if the Will cannot be found or produced. An application can be made to the probate registry for an Order allowing probate using a draft copy or reconstruction of the Will. Lawyers are obliged to keep records of all Wills they prepare so reproduction of a properly prepared Will can be a relatively simple task as long as it can be shown that the Will was actually executed.

Lost Wills To be allowed to proceed an affidavit must be provided confirming the existence of the original Will and explaining why it cannot be produced. It must also give details of what was in the Will. Where the Will is only damaged the original must also be produced.

Where the contents may be challenged then the registry may require the application to be dealt with on notice to any potential beneficiaries.

Plan to die with dignity ...

Further Information: Do you need a Will?; Requirements for a Valid Will; Revocation of a Will; Intestacy Rules; Will Executors; Gifts in a Will; Tax Planning; Living Trusts and Wills; Administration of Estates; Challenging a Will; Provision for family and dependants; Glossary

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