When applying for probate, the probate registry will always require the original will, however what happens if the original will cannot be located and only a copy of the will found ?
The probate registry does allow an application to be made to prove the copy will, however this is not easy for a number of reasons. Firstly, a detailed affidavit must be filed at Court explaining the attempts made to trace the original and what evidence there is to show the will has not be revoked. In addition, the consent of all blood family members who maybe prejudiced by the copy will be required.This means that if the copy will differs substanially from the Intestacy rules there can be real problems, as understandably someone prejudiced by the will who stands to gain by the will not being admitted is unlikely to agree to the copy will. We regularly handle copy will cases, and have dealt with numerous cases over the last few years on the issues surrounding the loss of an original will. Contact our Contested probate helpline on 01482 638 564, for help.
