Lost wills or codicils
Our experienced and highly skilled contentious private client team can provide expert legal advice on the specific types of evidence required to prove the validity of a will, particularly in cases where the original document has been lost. We also guide clients through the relevant procedural steps at the Probate Registry and assist with any necessary court applications in the event of a dispute or legal challenge.
Will and codicil validity experts
For an estate to be administered in accordance with the terms of the final will of a deceased, the original will must be sent to the Probate Registry, which will then issue a grant of probate to the executors. This document confirms the authority of the executors to deal with the assets of the estate in accordance with the terms of the will.
If the deceased’s original will cannot be found, then there is a presumption that it has been destroyed and is therefore no longer valid. However, if a copy of the will exists and there is sufficient evidence to prove that it was the last will of the deceased and had not been destroyed, then the Probate Registrar may accept the copy will and issue a grant on the basis of a copy only.
Penningtons provided excellent service throughout the matter, with prompt and courteous responses that were always clear and easy to understand.
Where sufficient evidence is available, it is also sometimes possible to ask a court to reconstruct a will, even if a copy cannot be found.
Clearly, the facts and circumstances of each case will be very different and, while the relevant parties are sometimes in agreement as to the terms of the lost will, sometimes they are not, and this can result in court proceedings. It is therefore important to take advice to ensure that the deceased’s estate is administered in accordance with their final wishes and that the correct will is admitted to probate.
How we help our clients
Obtaining a grant of probate with a copy will
Reconstituting a will where the original is lost
Procedure at the Probate Registry
Court procedure
What our clients are saying
They have all been very helpful and fast to respond to questions and issues.
Efficient, sensible and highly intelligent lawyers, and top-quality litigation strategists.
Recent work highlights
Fernley v Napier
Challenge of codicil validity
Will validity dispute
Will suppression defence
Contact us
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