Solicitors Specialising In Estate Administration And Contentious Probate 
Losing the original will of a loved one can be deeply unsettling. It often raises immediate questions. Can the estate still be administered? Will the deceased’s wishes be followed? Is there going to be a dispute with the lost will? These situations are more common than many people realise. Wills are sometimes mislaid, accidentally destroyed, lost in the post, or simply cannot be found after death. In other cases, there may be concerns that someone has deliberately removed or destroyed the will. At Bonallack & Bishop, our specialist probate and contentious probate solicitors regularly advise on lost will cases. We help clients trace missing wills, prove copy wills, resolve disputes, and take court action where necessary.
Lost a loved one and looking for local help with probate? Or looking to contest a will? Call our highly experienced Probate Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with absolutely no strings attached.
What Does The Law Say About A Lost Will?
When an original will cannot be found after someone dies, the law applies an important starting assumption.
If a will was last known to be in the possession of the person who made it and cannot be found after their death, the court may presume that they destroyed it with the intention of revoking it. This is known as the presumption of revocation.
However, this is only a presumption. It can be challenged with evidence. The courts have developed a settled approach on this point:
- A will does not automatically become invalid simply because the original cannot be located.
- A lost will can be admitted to probate if there is sufficient evidence of its contents and proper execution.
- If no valid will can be proved, the estate will be distributed under the rules of intestacy set out in the Administration of Estates Act 1925.
According to probate solicitors at Bonallack & Bishop, many people assume that a missing will means there is no will at all. That is often incorrect. The key issue is whether the will can be proved.
Why Wills Go Missing
Understanding how the will was lost is often central to resolving the legal position. Common causes include:
- The will was stored at home and cannot be found after death
- The will was held by a solicitor and has been misplaced
- The will was sent by post and never arrived
- The will was accidentally destroyed during a house move or clear-out
- The will was deliberately destroyed by someone else
- The Probate Registry has misplaced the document after submission
Each of these situations raises slightly different legal issues. The approach taken will depend heavily on the available evidence.
My Solicitors Have Lost The Original Will
Many wills are stored safely by solicitors. However, mistakes can occasionally occur.
If a solicitor has lost the original will, the situation is often still recoverable. Most firms keep:
- A copy of the signed will
- Attendance notes explaining the instructions
- Evidence of how the will was executed
If a professionally drafted will has been lost by a solicitor, the presumption that the testator revoked it is usually weaker. This is because the will was not in the testator’s possession. But the good news is that if a solicitor loses a will but there is reliable evidence of its contents and validity, the court may admit a copy will to probate.
There may also be a potential professional negligence claim if the loss causes financial loss to beneficiaries.
Solicitors at Bonallack & Bishop regularly advise on both proving the will and, where appropriate, pursuing claims arising from its loss.
Lost The Original Will But Have A Copy
This is one of the most common situations we see.
If you have a copy of the will, that is a strong starting point. However, the Probate Registry will not automatically accept it. Additional evidence is usually required.
To prove a copy will, you will normally need to show:
- The original will was validly signed and witnessed in accordance with the Wills Act 1837
- The contents of the will are accurately reflected in the copy
- The testator did not intend to revoke the will
If those elements can be established, probate can still be granted. If there is any doubt, the court may require formal evidence, including witness statements or an affidavit.
Original Will Lost In The Post
Wills are sometimes sent between probate solicitors, executors, or the Probate Registry. Occasionally, they are lost in transit.
In these cases, the court will consider:
- Proof that the will was posted
- Evidence of its contents
- Whether the will was ever returned to the testator
If the will was clearly not in the testator’s possession at the time of death, the presumption of revocation may not apply.
A practical example helps illustrate this:
If a solicitor sends the original will to another firm shortly before the testator’s death and it is lost in the post, it is unlikely that the testator intended to revoke the will. The focus will instead be on proving the contents.
The Probate Registry Has Lost The Original Will
Although rare, it is possible for documents to be misplaced after submission to the Probate Registry.
If this happens:
- Copies held by solicitors or family members can be relied on
- Evidence of submission can be used to show the will existed
Fortunately, the loss of a will by the Probate Registry does not invalidate the will. The court can admit secondary evidence of its contents.
What Happens If The Executor Has Destroyed The Will?
This is a serious and often highly contentious situation. An executor has a duty to administer the estate honestly and in accordance with the law. Destroying a will after the testator’s death is a breach of that duty. The legal position is very clear – a person who destroys or conceals a will may be removed as executor and may be personally liable for any loss caused.
If there is evidence that an executor has destroyed the will:
- The court can reconstruct the will from copies and evidence
- The executor can be removed
- Financial claims may be brought against them
If an executor refuses to cooperate or provide information about a missing will, beneficiaries may apply to the court for an order requiring disclosure or removal.
What Happens If The Will Has Been Destroyed?
The legal outcome depends on who destroyed the will and why.
What Is The Position If The Testator Destroyed The Will?
A will can be revoked by destruction under section 20 of the Wills Act 1837.
If the testator destroyed the will with the intention of revoking it:
- The will is no longer valid
- The estate will be distributed under intestacy rules
But What If Someone Else Destroyed The Will?
If the will was destroyed without the testator’s authority:
- The will may still be valid
- The court can rely on copies and evidence to prove it
In particular, the destruction of a will by a third party does not revoke the will unless it was done at the testator’s direction.
Is There A Penalty For Destroying A Will?
Destruction of a will can have serious consequences. Depending on the circumstances, destroying a will may result in:
- Removal as executor
- A court order to compensate those who have suffered loss
- Payment of legal costs
- In some cases, criminal liability where there is dishonesty
Each case will depend on the facts, but the courts take a firm approach where there has been wrongdoing.
How Do You Prove A Lost Will?
Proving a lost will involves gathering and presenting evidence to the Probate Registry or the court.
The burden of proof lies on the person seeking to rely on the will. Typical evidence includes:
- A copy of the will (signed or draft)
- Solicitor’s file notes
- Statements from witnesses to the will
- Evidence of the testator’s intentions
- Evidence showing the will was not revoked
In general terms, the court may admit a lost will to probate if its contents and due execution are proved on the balance of probabilities. If there is any dispute, a court application may be required.
What Is An Affidavit Of A Lost Will?
This is a formal sworn statement used in probate applications where the original will cannot be produced. It usually sets out:
- The circumstances in which the will was made
- How and when the will was lost
- Evidence of the will’s contents
- Confirmation that the will was not revoked
The Probate Registry often requires this document before granting probate on a copy will.
The Probate Solicitors at Bonallack & Bishop regularly prepare affidavits of lost wills and supporting evidence to ensure applications are accepted without unnecessary delay.
How To Find A Lost Will
Before concluding that the document has been lost, it is important to carry out a thorough search.
In particular, you should check:
- The deceased’s home and personal papers
- With any solicitor they used
- Banks or safe deposit facilities
- With family members
- The Certainty National Will Register
In many cases, wills are eventually found after a careful and systematic search.
What Happens If No Will Can Be Found?
If no valid will can be proved, the estate will be distributed under intestacy rules. These rules are set out in the Administration of Estates Act 1925.
This can lead to outcomes that differ significantly from what the deceased may have intended. For example:
- Unmarried partners may receive nothing
- Children inherit in strict legal shares
- More distant relatives may inherit instead of close friends
According to probate solicitors at Bonallack & Bishop, this is why it is often worth investigating thoroughly whether a lost will can be proved before accepting intestacy.
Disputes Involving a Lost Will
Sadly, lost wills frequently lead to disputes, particularly where:
- A copy will benefits different people than intestacy
- There are allegations of destruction or concealment
- Family members disagree about the contents of the will
If a dispute arises, the court can determine the following issues.:
- Whether a will existed
- Whether it was revoked
- What its terms were
If an executor refuses to apply for probate and the estate cannot be administered without it, beneficiaries may apply to the court for an order requiring the executor to proceed or for the executor to be removed.
Contentious probate cases can be complex. Early legal advice from specialist contested probate solicitors is often critical to preserving evidence and protecting your position.
Your Lost Will – How Bonallack & Bishop Can Help
Our probate and litigation teams work closely together to provide practical, effective solutions.
We can assist with:
- Tracing missing wills
- Advising on whether a will can be proved
- Preparing probate applications involving lost wills
- Drafting affidavits of lost wills
- Handling disputes and court proceedings
- Removing or replacing executors
- Bringing or defending claims involving destroyed wills
The Probate Solicitors at Bonallack & Bishop regularly advise clients across England and Wales on complex estate administration issues, including lost and disputed wills.
Why Choose The Probate Solicitors At Bonallack & Bishop?
We combine technical expertise with a clear and practical approach.
- Specialist probate and contentious probate teams
- Experience in complex and high-value estates
- Clear advice in plain English
- Strong track record in resolving disputes
- National reach with a personal service
Speak To Our Lost Will Probate Solicitors
If you are dealing with a missing or destroyed will, taking early advice can make a significant difference.
We offer clear guidance on your options and the likely outcome, and we can act quickly to protect your position.
Contact Bonallack & Bishop today to speak to one of our specialist probate solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice
Lost Will Probate Solicitors FAQ
What happens if the original will is lost?
If the original cannot be found, the law may presume it was revoked. However, a copy can still be admitted to probate if there is sufficient evidence of its contents and validity.
Can you get probate with a copy of a will?
Yes, probate can be granted on a copy if the court is satisfied that the original was validly executed and not revoked.
What is an affidavit of a lost will?
An affidavit of a lost will is a sworn statement explaining how the will was lost and setting out evidence of its contents and validity.
What happens if a will is destroyed?
If the testator destroyed the document intending to revoke it, it is no longer valid. If someone else destroyed it without authority, the will may still be valid and can be proved with evidence.
Is it illegal to destroy a will?
Destruction can lead to civil liability and, in serious cases involving dishonesty, criminal consequences.
What if the executor has destroyed the will?
The circumstances, the executor can be removed and may be held personally liable. The court may still allow the will to be proved using copies and evidence.
How do you prove a lost will?
You must provide evidence such as a copy, witness statements, and proof it was not revoked. The court will decide based on the balance of probabilities.
How do I find a lost will?
Search the deceased’s home, contact their solicitor, check banks, and search the Certainty National Will Register.
What happens if no will can be found?
The estate is distributed under the intestacy rules set out in the Administration of Estates Act 1925.
Can the Probate Registry lose a will?
It is rare but possible. If it happens, copies and supporting evidence can be used to prove the will.
