One of the first things friends and relatives need to do after a death is locate the deceased person’s will. This allows the estate to be administered once probate has been granted (Learn more here.) However, finding a will isn’t always straightforward. Even after searching thoroughly, you may find that nothing turns up. You might not have even asked the deceased if they had a will if they had passed away suddenly. Here, we explain the difference between an original will and a copy, and what it means legally.
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Valid Will
If your loved one didn’t say where their will was kept, or even confirm that they had one, it may require extensive searching. In the end, you might not find the will at all. In some cases, you may only find a copy. Courts strongly prefer the original document, so it’s important to try to locate it if possible. You may find that a professional will storage firm or a solicitor has kept the original will. You could also enlist the help of a will storage database.
One Copy of a Will
If only a copy of a will can be found, there is a legal presumption that the original was revoked or destroyed. This might not be the case. To rely on a copy instead, certain legal conditions must be met. You must prove to the court that the original will existed and that the copy accurately reflects its contents. You must also show that the testator did not intentionally destroy or revoke it.
This is not an easy task. If this cannot be proven, the estate is usually treated as intestate (meaning without a valid will). It is possible that their wishes, as expressed in the will copy, will not be carried out. If the original will is found after probate is granted or the estate has been distributed, it may be possible to reopen the estate. There would be a lot of things to think about. In this case, consulting experts is the best course of action.
In Conclusion
Losing someone is hard enough without the added stress of missing paperwork. While the original will is always best, a copy can sometimes still help, so it’s worth exploring your options before assuming there isn’t one.
If you need help drafting a will or locating one, contact Braintree Wills for advice.