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Help! I've lost the original copy of my Will...

April 3, 2018

 

Do you know where your original Will is? Does your executor know where it is? Has the original been misplaced or lost and you now only hold a signed copy?

 

If you don't know where your original Will is you should arrange to prepare a new one as soon as possible.

 

We have seen instances where a person has died and all that can be found is a signed copy of the Will. The original cannot be located and the executor does not have any knowledge of where the original is held.

 

Being unable to locate the original Will does not necessarily mean that the Will is void. It is possible to Probate a copy of the Will. However the process of doing so can be costly.

 

It will require various statements from those involved with the preparation of the Will, witnesses to the Will and family members (just to name a few) to be able to present the copy of the Will to the Supreme Court and have it validated (probated).

 

If there is insufficient evidence to satisfy the Court in such instances, the estate of the deceased might be administered under rules that apply when a person dies without a Will, known as the Intestacy Rules.

 

You should inform your executors of the whereabouts of your original Will so they can readily locate it upon your death.

 

 

 

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