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The Will is lost

What happens if the Will has been lost or destroyed.

If the original Will has been lost or destroyed, an application needs to be made (in solemn form) to Supreme Court. This is done by filling in an ‘Originating motion for a grant of probate’ form. This is available from the Supreme Court website.

See Supreme Court—Wills and probate(opens in a new window).

An application must be accompanied by a copy or draft of the original Will and an affidavit that sets out:

  • the circumstances of the loss of the original Will
  • the circumstances surrounding the execution of the lost Will document, and
  • proof that Will-maker had not intended to destroy (revoke to original).

It may be necessary for more than one affidavit to be submitted with the originating motion.

Submissions will be required by any people who have first hand knowledge of any of the surrounding circumstances.

If a known Will can’t be found

If Will-maker made a Will and it was known to be in their possession, yet can't be found, it is presumed that the Will-maker destroyed the Will with an intention of revoking that Will.

More information

Forms

Supreme Court

The Wills and probate section of the court website has links to the necessary forms and information needed to help executors to apply for probate.

Updated