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Original Will is Lost : probate problems

Lost Original will : what to do

To obtain a Grant of probate, the probate registry will insist upon the original will being submitted as part of the application. But what happens if the original will is lost ? can the copy will be admitted to probate ? Proving a copy will can be extremely difficult as the probate registry will often require evidence ( in the form of an affidavit ) showing the reasons as to why the original cannot be found. This is needed as there is a presumption that if the original cannot be located then the will may have been revoked. As part of the application those prejudiced by the copy will being admitted, namely those who would inherit under the Intestacy Rules will also need to consent to the application. This is when real conflict can arise if the terms of the copy will differ significantly from those who would inherit under the Intestacy Rules.

We have acted in numerous copy will applications and have considerable expertise in this area, call us now on 01482 42 9985 or e-mail for help and guidance.

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