Wills and Probate Lawyers: Can a Probate Be Granted If a Will Is Lost?
Lost wills aren’t a new thing. It has been observed that many families misplace the original testament and fall themselves into trouble during the probate process. If you are dealing with this situation, consulting with good wills and probate lawyers in Sydney can bring confidence.
According to reports, 20% and above families lose or misplace wills. They may remember the place where they kept this document last night; however, they are unable to collect the same the very next morning. Isn’t it strange? Yes, it is.
While many people choose to keep these things in a safe location like lockers, you could easily find them whenever you need the same. In case you are unable to find the original, let’s discuss what the consequences would be.
First Comes First – Why Is the Original Will Required?
An original testament is a must to grant probate. As officials from the court come to recognise its content, they would like to see the original will to complete the probate process.
Next – Consequences of a Lost Will
Apart from the delay and stress involved due to a lost will, the distribution of assets may not be done as mentioned in the testament. Obviously, this is a serious issue that you have to keep in mind and make sure that you take proper measures to prevent its lose. It is suggested to create a copy and store it safely. Along with that, you can scan and draft the same in your email id.
Next – Is a Copy of a Will Valid?
You may think about whether there is an existence of a copy of a will. Do remember that the court could accept the copy under certain grounds. If you lose the original testament due to any unfortunate reasons, you have to give the true reply to court to show your genuineness. It may take a little time but you could achieve the desired outcome afterwards.
Next – Can a Probate Be Granted If a Will Is Lost?
After doing a lot of searches again and again, you may or may not get the original testament. It is a major loss if you don’t get it because you have to go through a lot of things to prove that there was a will and it was not revoked by the testator. It can be done in the following steps and make sure that the probate process could be completed thereafter.
Steps to Find the Lost Will Are Mentioned Below-
i) Check out for a copy of a will to represent it in court
ii) Advertise in a local newspaper about the lost will
iii) Contact the lawyer or executor to know about the will
In most cases, you could find the copy along with a professional who helped the testator to draft his/her last wishes. Now, you have to proof that the deceased intended to fulfil these wishes in front of the court to complete the probate process without any further issues.
In a situation where you lost the original testament and the probate process is on stack, you can feel overwhelmed and stressed. By following this guide, you could take the necessary steps at the right time to keep yourself on right track and achieve desired outcomes. So, you are advised to pick one of the honest wills and probate lawyers in Sydney to get expert assistance.
In case you require someone for legal representation in court, you can ask him or reach who helped the testator draft his/her last wishes. Don’t delay! Confirm your appointment now!