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What happens if I can’t locate the original Will of my deceased loved one?

If you are a personal representative of an estate, whether that be an Executor or Administrator, you may need to obtain a Grant of Probate or Letters of Administration document in order to deal with assets of the estate.

For example, if you needed to sell land owned by the deceased in Queensland, you are required to submit the original Will or the Grant of Probate or Letters of Administration document to the Titles Office.

Sometimes, accidents do happen and the original will goes missing or has been destroyed and you may only have a copy of the will.

You can still obtain a grant of probate for a copy of the will if you can answer the following questions and the Supreme Court is satisfied with your responses:

1. Was there actually a will or a document which evidenced the deceased’s intentions?
2. Did the will revoke all previous wills?
3. Is there evidence to suggest that the will has been destroyed to revoke it?
4. Is there evidence of the terms of the will?
5. Is there evidence that the will was executed?

Contact our friendly lawyers at The Law Shack for assistance in
obtaining a grant of probate for a copy of a will.

By: Vy Tran

  • 16 Feb | '2016

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