Q&As

What is the procedure for proving a missing or lost Will?

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Last updated on 13/06/2017

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • What is the procedure for proving a missing or lost Will?
  • The application for the order

What is the procedure for proving a missing or lost Will?

Practice Note: Lost Will procedure explains what steps maybe taken where: the Will cannot be found and a copy/draft is available, the Will cannot be found and there is no copy available but there is evidence of content of the Will when executed, the original Will is held abroad, the Will is believed to held by an individual who will not release it and the Will was lost but is later found.

The application for the order

If the original Will or codicil still cannot be found and is therefore lost or has been accidentally destroyed, probate of a draft, copy or reconstruction of the Will or codicil may be obtained provided an order for leave to prove it is first obtained.

The procedure for the order is set out in rule 54 of the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (NCPR 1987, SI 1987/2024, r 54). The same procedure is used where probate of an oral Will is sought. The application for an

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Key definition:
Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the CPR provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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