Lost Wills – What Happens next?
Where after the testator’s death, the original of a will cannot be found or has been mistakenly destroyed the executors of that will can make an application to the Probate Registry to have accepted into probate a copy or reconstruction of the original.
There is always the danger that if it was the case that the will at the Testator’s death was in his possession then it is presumed he or she destroyed the same, which in legal terms means they revoked the same.
Evidence then has to be put forward by the executors rebutting such a presumption of revocation.
We have had to deal with such situations on a number of occasions and can help with navigation these difficult situations.
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