Title: What to do if a will has been lost, damaged or destroyed
Headings: What to do if a will has been lost, damaged or destroyed?
What to do if a will has been lost, damaged or destroyed?
Damaged or Destroyed Wills
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Content: has it been lost or destroyed? In these circumstances there is a presumption that the will has been destroyed with the intention to revoke it. However, in some circumstances evidence of the person’s intentions can be put forward and accepted in place of the will. An example of this is where a will was destroyed in a property fire and there was evidence remaining of its contents. It is up to those seeking to benefit under the lost will to prove that the person did not intend to revoke it. Where a will has been lost, or destroyed for some other reason, for example if it has been lost by a solicitor accidentally, an application can be made to the Court for documentary evidence of its contents to be accepted in its place. This can include, but is not limited to, a copy or completed draft. Lost Wills
We are frequently instructed by people who know there was a will, but cannot find it. There are various methods we can use and various places (including national databases) we can check, in order to try to find the will. Want to know more, contact Martyn Trenerry or read below.