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I can’t find the original Will. What next?

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Probate of Last Will and Testament

Usually the Supreme Court of Western Australia will only issue a Grant of Probate if the executor produces the original Will of the deceased.

What if I only have a copy of the Will?

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:

  • the circumstances in which the original Will was made;
  • where the original Will was kept;
  • what may have happened to the original Will;
  • what searches you have carried out to locate the original Will;
  • how you came to have a copy of the Will; and
  • why you think the testator did not destroy the original Will with the intention to revoke it.

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.

 

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