The probate registry will always require the original will, before issuing a grant of probate or grant of letters of administration. Despite this what happens if the only document that can be found is the copy will?

An application for a grant of probate of probate can still be made if only a copy will exists however the Court will require numerous factors to be satisfied before they issue the grant. Firstly, the application will need to address the issue of due execution while secondly the court will want to be satisfied as to why the original cannot be found and what steps have been made to locate and find the original will.

Typically an affidavit (a legal statement) will need preparing by the Executor covering the above points. The final part of the application will involve the Court requesting details of those family members that maybe prejudiced by the Copy will. In other words who would stand to lose out if the copy will where admitted to probate, and the intestacy rules applied.

Proving copy wills is an extremely complex area and expert evidence should always be sought.

Help with loss of original will cases

TM solicitors regularly handles such cases and if you have a copy will and need help contact our Contested probate helpline on 0844 330 26 72. Copies of wills generally, can be obtained from the probate registry or at copy of a will

Call our PROBATE HELPLINE 0844 330 2672 or send an enquiry

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