Own a commercial property? Make the move to a mixed development
You may have made the responsible step of creating a Will, but the next challenge is securing it correctly.
When someone dies, the process of administering their estate follows soon after.
If an original copy of the deceased’s Will can’t be found, it may be treated as if it never existed.
Can a copy of a Will grant probate?
The law understands that if the Will was last in possession of the deceased, but cannot be found after they’ve died, it is presumed to have been destroyed with the intention of revoking it.
This can create a lot of headaches for families trying to secure probate. However, this assumption may be overcome if a copy of the Will exists.
Executors of an estate must provide sufficient evidence to demonstrate that the Will was not destroyed, but accidentally misplaced.
This might include confirmation from the solicitor that a copy should be kept by the executors in case the original document was lost.
Other evidence may include witness statements from family members or friends proving the copy is valid, or proof that damage to a property caused the original to be ruined.
What happens if the copy is rejected?
If a copy is rejected by the Probate Registry, the rules of intestacy may apply to the estate.
Intestacy describes the situation where someone dies without a valid Will, so their money, property and possessions are distributed according to predefined rules.
Under these rules, the surviving spouse could inherit the whole estate if there are no children and the deceased was married or in a civil partnership.
If there are children, the spouse inherits everything up to the £322,000 threshold, with any assets over split equally between the partner and children.
Without a surviving partner, the estate is passed to the children. If there is no partner or children, it is passed to other relatives.
The risk of intestacy may lead to family disagreements, especially if beneficiaries stand to gain more than they would under the original Will agreement.
In some cases, this can lead to mediation and litigation, with executors disagreeing about whether the Will is valid or intentionally revoked.
Speak to a solicitor
Our solicitors can help obtain the original Will and prepare applications to the Probate Registry, gathering the necessary evidence.
Where a Will is challenged, we can represent your interests in mediation and litigation, to help find the solution that best represents the wishes of the deceased.
Can’t find a Will? Speak to our solicitors for a review of your legal options.
Related posts
