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Where the Original Will Cannot be found

Where the original will (or codicil) made by the deceased cannot be found after the testator has passed away, it is possible to make an application to the court for the grant of representation.

Before making of the application, searches would have been usually carried of the deceased professional advisor, usually solicitors, accountant, and banks. It is also possible that the deceased may have deposited his or her will at the lodged at the principal registry.

Adverts of a missing will can also place in the newspaper and legal press, which can bring about the discovery of the will. It is important to note that, if the will is found, the executors must consider the possibility that the deceased may have executed another will or a codicil could have been made thus revoking the earlier will of the testator.

There are times, where a will cannot be found despite the extensive search carried out. The law states that it would be presumed destroyed, as such, it would become the responsibility of beneficiaries of a missing will to prove it has not been revoked. It is possible, for the court to grant an application requesting for the will, or evidence of in the absence of the original will.

For further information,  our solicitors at the firm of Adel Jibs would be delighted to meet you in our office. Please contact us at any time.

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