When someone dies leaving a will, the original must be sent to the Probate Registry in order to obtain a Grant of Probate. However, sometimes the original will cannot be found, or only a copy or evidence of it can be found.
If the original will cannot be found, there is a presumption that it has been destroyed, therefore no longer valid. Nonetheless, if a copy of the will exists, and there is sufficient evidence to prove that it was the last will of the deceased and had not been destroyed by the deceased, then the Probate Registry may accept the copied will and may issue a Grant of Probate on the basis of it.
Where sufficient evidence is available, it is also sometimes possible to ask a court to reconstruct a will, even if a copy cannot be found. Whether the original will is missing, or only a copy or evidence of it can be found, we can take the necessary steps to resolve the situation.
We tailor our services depending on your needs, but we always promise not to have any hidden costs. Our aim is for you to avoid any surprises in case you have to rectify your matter through the court, and where possible, we will try to reduce expenses and delays using an alternative dispute resolution, such as mediation.
If you are facing an issue related to a lost will and you want more information from us, our specialist solicitor in dispute resolution Daniel Muckle will guide you on the process if you phone our Crystal Palace office on 0208 771 5254.