We can’t find the will

Do you have the will?

Occasionally upon the death of a person, the location of their original Will may be unknown. There are practical steps to be taken such as looking through the person’s files or paperwork, as well as enquiring with local law firms, or even advertising for the lost Will through the law society’s Proctor publication.

In most cases the Will is located.

However, what can be done in cases where you know the Deceased made a Will, you may even have a copy of it, but the original cannot be located?

Can you obtain Probate if the original is lost?

Yes, you can, provided that the below requirements are met.

1. It must be established that there actually was a Will;

2. It must be shown that the Will revoked all previous Wills;

3. It must overcome a presumption that the Will was destroyed by the testator in an act of revocation;

4. The terms of the Will must be evidenced; and

5. There must be evidence that it was executed.

Should you require any assistance in handling a complicated Wills and Estates matter, contact our friendly and experienced team at Miller Sockhill Lawyers on 07 5444 4750.

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