Can I get probate when we can only find a copy of the will?

If you are sure that the original will was not destroyed with the intention of revoking the will then you may be able to prove the will contained in a copy.  The executors must apply to the probate court giving an affidavit in support which gives as much detail as possible as to the circumstances in which the original was lost or destroyed and full details of the searches that have taken place. If the original was already missing at the testator’s death details must be given of when it was last in the testator’s possession and why it would not be assumed that it was destroyed in order to revoke it. Also details of anyone who would be adversely affected if the copy will is proved.


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