1. Can probate be applied for if the Will is lost and there are no available copies of the Will?
Where the will is lost and there are no available copies of the will, an application for an order admitting proof of other evidence of its contents can be made to the Registrar under r.53 of Non-contentious Probate Rules (Cap. 10A). The Court may direct that the application be made on summons to the Registrar or judge or to the court on motion: r.60 of Non-Contentious Probate Rules (Cap. 10A).
The party propounding the will bears the burden to rebut the default presumption that the will was revoked by destruction by the deceased in his lifetime.
If the will is lost, the grant made is limited until the original or a more authentic copy is proved.
Print
Email