If an original Will has been lost or accidentally destroyed, it is possible for the family to obtain probate of a copy of the lost Will.  An Order of the court would need to be obtained to allow the copy Will to be proved.

If you have been keeping your original Will at home and it cannot be found after your death, it will be presumed that you destroyed your Will with the intention of revoking it.

Your executor would need to provide evidence that this was not the case, if he or she wanted to obtain probate of a copy of your Will. 

How can this be done?  Perhaps by demonstrating that you kept your important documents in a disorganized way and did not attempt to keep them secure.

You can avoid problems like this by arranging for your Will to be stored securely and simply keeping a copy of your Will at home.   You can also register your Will so that it can be found by searching the database of the National Will Register maintained by Certainty.

Please get in touch if you have any questions:

T: 07860 772274

E: christine@winterbornelegal.co.uk