Usually the Supreme Court of Western Australia will only issue a Grant of Probate if the executor produces the original Will of the deceased.
If you only have a copy of the Will, you may still be able to obtain a Grant of Probate. Where the original Will cannot be found, there is a presumption that the deceased person destroyed the Will with the intention to revoke it.
Before you can obtain a Grant of the copy of the Will, you will need to provide the Court with evidence to rebut the presumption of revocation by destruction. Broadly speaking, this involves providing the Court with evidence about:
An application for probate of a copy of a Will is not simple and we recommend that you seek the assistance of a probate lawyer.