What Should I Do If I Lost My Original Will?

If an original Last Will has been lost, it can lead to all kinds of interesting legal issues. Specific facts and circumstances, and the law of the state in which the will maker resided or still resides will be all taken into careful consideration.

Now, if the original will has been lost but there is a true copy of the original, it can serve as means to granting probate. In order for this to happen, the executor of the estate needs to prove that the copy is valid, the will was validly signed and witnessed, and that that the original was not intentionally destroyed by the will maker.

In New York State, a copy of the original will may be presented to probate if the administrator or executor is able to establish the following:

– The will was not revoked

– Execution of the will was proved as required for the probate of an original will

– All provisions of the will are clearly and distinctly proven by each of at least two credible witnesses, or by a copy of the will proved to be true and complete

Basically, a copy of a will is not going to be automatically accepted for probate by surrogate courts. A strong proof of each of the abovementioned components is needed, since the law generally postulates that if there was no original, and the will maker has died, it was revoked by the deceased. The law takes extra steps to ensure that the dead person didn’t intentionally revoke the will, and this may only be refuted by presenting all of the three elements.

Moreover, the presumption of revocation is nearly impossible to overcome if the copy of the will is conformed and it’s an unsigned draft where the witnesses are identified but their signatures are actually not on the document. To establish the validity of the will, the witnesses will have to testify that they observed the testator (will maker) sign the Last Will and Testament and that he or she understood the contents and ramifications of the document and possessed the testamentary capacity. This means that the testator knew what he or she was doing at the time the will was executed.

Additionally, the person offering the copy of the will must prove how the original document went missing, whether it was lost or destroyed, and that the testator did not have the knowledge that the document no longer existed.

If the testators make a new will, once it has been executed, they need to make sure the old copy is destroyed in front of their witnesses.

Also, your attorney or someone you trust should keep signed copies of your will, as this would help to establish your intentions in case the original is destroyed.

Since the laws vary from state to state, it’s wise to consult with a knowledgeable wills attorney in your state.

At the Levin Law Group, our experienced and reliable wills and trusts attorneys in New York will assist you in advising and preparing a wide range of estate planning documents, and have supervised and probated thousands of wills for families just like yours.

We invite you to get in touch with us so we can help you take steps to ensure your wishes, interests and assets are protected.

For a free consultation with an estate lawyer and wills attorney in NYC – contact Levin Law Group today.