Lost Wills
When a loved one passes away, their estate is distributed according to their Will. However, if the original Will is lost, damaged, or cannot be found, serious legal issues can arise.
In general, if the original Will cannot be located, the law may presume it was intentionally destroyed to revoke it. In some cases, a court may still accept a copy of the Will or other supporting evidence, but strong proof is required.
Proving Existence
The person seeking to prove a lost or destroyed Will must provide clear evidence that:
• The Will was properly signed and executed
• The deceased did not intend to revoke it
• A true copy of the Will exists, or
• Its contents can be verified by reliable evidence
Supporting Evidence
To prove a lost or destroyed Will, the court must be satisfied that the evidence clearly reflects the deceased’s intentions. Supporting evidence may include:
• A signed duplicate copy of the Will
• An unsigned draft prepared by a solicitor
• Witness evidence from those familiar with the contents of the Will
Courts will only grant probate where there is clear evidence of a lost or destroyed Will. If sufficient proof is not provided, the estate may be distributed under the rules of intestacy, as though no Will existed.
These matters can be complex, so it is important to seek legal advice where there is uncertainty about a loved one’s Will.
If you have any questions our specialized team is here to help.
You can contact McCormack Solicitors on
Email: info@carolmccormacksolicitors.ie
Phone: 071 9621846
www.carolmccormacksolicitors.ie
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The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.