21 October 2016
We act for an executor who has been unable to locate the deceased's last original will. However, the executor has provided a photocopy of the deceased last signed will. What searches should be made to enable the court to be satisfied that all efforts have been made to locate the original last will? Thanks.
Thank you for the question.
The following is an extract from our Probate guide:
A true copy identified as such can be proved with evidence of the loss, search, proper execution and if possible the consent of those who would be beneficiaries on an intestacy. If the assets and beneficiaries have remained the same, then the presumption of revocation would be easier to rebut. If a lawyer has lost the will, then the presumption of revocation may not arise and an affidavit of loss by the lawyer is required. This will generally result in a limited grant for the period the original will remains unavailable.
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