When someone dies, one of the first things that family members or friends – whoever is up to the task – must do is find the deceased person’s Will or a copy of their Will. This is so the Will can be executed once probate is granted. However, sometimes finding Wills can be difficult. You could find that you are searching for many days and still not finding anything.
Original or Copy
If your loved one didn’t mentioned where they were keeping their Will (or even if they had one at all), and it isn’t with the rest of their documents, it will be a long search indeed. In the end, you may not be able to find the Will at all. Or, perhaps, you can only find a copy of the will. If this is the case, what happens next?
Ideally, you will have the original document as that is always preferred by the courts. You may find that the original Will has been filed with a solicitor or the courts for safekeeping. But if all you have is the copy, is there anything that can be done?
When Only a Copy Exists
If you only have a copy of a Will,then there will be a presumption in law that exists saying that the original Will was destroyed, or revoked. Of course, this may not be the case. You need to satisfy some conditions to get over this presumption and allow the copy to be used in place of the original. You need to provide proof to the court that there was once a Will and that the contents are the same as the ones in the copy Will. Additionally, you must provide proof that the testator did not destroy the Will or revoke any of its contents.
This is not an easy task. Often the copy Will is not regarded as sufficient. When this happens, the testator is deemed to have died intestate (i.e. without a will). Their wishes that can be read in the copy Will, may not be taken into account.
If the original Will is found after probate is granted, or after the estate is distributed, it may be possible to open up the estate once more. There are many variables that would need to be looked into. In this case it is best to contact experts.
