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Obtaining A Grant Of Probate With Only A Copy Will


Before a Grant of Probate or Grant of Letters of Administration can be issued, the Probate Registry will require the Will of the deceased, i.e. the original signed and witnessed document.  However, where the only document that can be found is a copy of the Will, this will have to be proven - and this can cause problems.

 

The Probate Registry will also require you to produce evidence that shows that the Will was not deliberately destroyed by the Testator (the person who made the Will).

 

The Probate Registry will also require you to justify why the original Will cannot be found and what steps have been taken to locate it via an Affidavit prepared by the Executor. The Court may also request details of those beneficiaries that may be prejudiced by the Copy Will. In other words, those who would stand to lose out if the copy Will were admitted to probate.

 

There are many reasons for why Wills go missing.  It may be that the deceased made a Will and then changed it for some reason, disinheriting some or all of the original beneficiaries, or that they felt the intestacy rules would put them in a more advantageous position than the destroyed Will. Or, it may simply be the case that the original Will is lodged with an unknown solicitor or residing in a bank vault.

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Problems With Probate – contact us today

Regardless of the reasons for you not being in possession of the original Will for the Grant of Probate, proving copy Wills is an extremely complex area. Wherever you live in England and Wales, consult our team of Probate experts today to ensure that you receive the most expert advice.

We can take your instructions and run your case by e-mail, phone or Skype – or we can meet you in our four offices in Wiltshire, Dorset and Hampshire. Contact us today;

 

  • FREEPHONE 0800 1404544
  • email our team using the contact form below or
  • For a FREE initial phone consultation about dealing with the estate of your loved one, call 0800 1404544
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