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Only have copies of a will

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  • Only have copies of a will

    My mother passed away 2 months ago. We can only find copies of the will and can’t trace the original.
    Do we apply for grant of probate or letter of administration?
    Tags: None

  • #2
    Hi Jillyflower

    Welcome to LB

    I'm sorry for your loss.

    There might be a solicitor who she is a client of, who might hold the original copy.
    If she has a diary with her family, friends etc it's worth going through that.

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    • #3
      We’ve contacted the last 2 solicitors who have only had copies - one solicitor folded and I think the original was lost at this stage

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      • #4
        Originally posted by jillyflower View Post
        We’ve contacted the last 2 solicitors who have only had copies - one solicitor folded and I think the original was lost at this stage
        When a solicitor folds, sometimes the SRA intervenes, you need to find out if that happened, if it did then the client file might be recoverable. But worth checking with the SRA.

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        • #5
          If the original Will cannot be found it might be possible to apply for Probate using a copy but the process is much more complex and the Probate office may not agree. Search online for "can a copy will be used for probate in england?" and you will find lots of solicitors' sites that discuss this question.

          It's likely the executor(s) named in the (copy) Will would need to appoint a solicitor to advise them, especially if the estate is large, but if the Executors feel confident there is guidance on gov.uk that helps them do it themselves. Report a will is lost to support a probate application: Form PA13 - GOV.UK

          Is it likely that any family members/beneficiaries would challenge a grant of probate using only a copy Will? eg, family members who would inherit if the rules of intestacy were applied but who won't inherit if the copy Will is accepted for Probate? That would add a further complication.

          Advice here on where to search for lost Wills. If you are thinking of applying for Probate using the copy it would be best to have explored all these routes even if you think it very unlikely that the Will is in any of those places so that you can demonstrate the efforts made to find it. What happens if a will is lost or missing? | The Gazette
          Last edited by PallasAthena; 28th May 2025, 14:46:PM.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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