For an estate to be administered in accordance with the terms of the final Will of the deceased, the original Will is sent to the Probate Registry who will then issue a Grant of Probate to the Executor(s).
What if the original Will cannot be found? #
It may be lost. The deceased may have recently moved. A storage box may have gone missing. A third party may have been given the Will for safekeeping, but the keeper has lost or mislaid it. Or it might simply have gone missing in the post or been incorrectly filed by a storage provider.
For help on how to find a Will please read How to find a Will.
There may be circumstances which suggest it has been destroyed and it is unlikely the original Will will ever be found, such as fire, flood or burglary.
You may be able to submit a copy Will #
If your search for the original Will is unsuccessful but you have located a signed copy of the original Will, you may be able to submit a copy to be proved by the Probate Registry.
To do this, documentation must be submitted to the Probate Registry who will consider the paperwork and either give permission for you to prove the copy Will, or refuse permission. The Probate Registry will confirm their reasons should they refuse permission, or they will request further evidence from the Executor(s).
When submitting the PA1P application form, the Executor(s) must submit an Affidavit, which is a written statement confirmed by Oath or affirmation. The Affidavit must confirm, in detail, the circumstances relating to the loss of the original Will, the attempts that the Executor(s) has made to locate it, together with details of anyone who would benefit from the Estate if the copy Will was not proved (i.e. someone who would benefit under the Rules of Intestacy.)
In some circumstances the Probate Registry may require evidence from those beneficiaries who would not inherit if the copy Will is proven to obtain their consent to prove the copy Will.
The Affidavit should include the following information:
- Evidence that the copy is a true and complete copy of the original.
- Evidence that the Will was properly executed.
- As much detail as possible on the circumstances in which the Will was lost or destroyed.
- Agreement from everyone who will be prejudiced if the copy Will is proved.
- Facts to rebut the presumption that the Will had been revoked, e.g. statements from witnesses, statements made to intended heirs, the words and actions of the deceased before their death.
- The actual copy of the Will, (not a copy of a copy).
As an Executor of a Will you must do all that you can to prove the Will with the Probate Registry.
Obtaining a Grant of Probate with a Copy Will may not be simple and you may wish to seek specialist legal advice.