Can You Apply for Probate If the Original Will Is Missing?

When someone dies leaving a will, applying for probate usually involves submitting the original will with the application. Probate gives the legal right to deal with the deceased’s estate. But what happens if the original will cannot be found?

Applying for Probate Without the Original Will

The official probate application form for estates where there is a will is the PA1P form. This form is designed for use by executors named in a will or beneficiaries if there are no executors. Normally, you must send the original will to the Probate Registry along with your application.

If the original will is missing, you cannot simply submit a copy instead. The Probate Registry requires the original document to grant probate. However, there are some steps you can consider:

• Search Thoroughly: Check all possible places where the will might be stored, such as the deceased’s home, safety deposit boxes, with their solicitor, or with the bank.
• Contact the Solicitor: If a solicitor prepared the will, they might hold the original or have details about it.
• Inform the Probate Registry: If you have evidence that the will existed but cannot locate the original, you should contact the Probate Registry for guidance.

What If the Original Will Cannot Be Found?

If after reasonable efforts the original will cannot be found, you cannot apply for probate using the PA1P form as if there is a will. Instead, the estate may have to be treated as if there is no will (intestate). In this case, you would apply for a grant of letters of administration rather than a grant of probate.

In some cases, if a copy of the will exists and the original is lost or destroyed, it might be possible to apply for a grant of probate with a ‘resealed’ grant or by providing evidence to the court. This process is complex and usually requires legal advice and possibly a court hearing.

Practical Example

Suppose your relative died and you know they made a will, but the original document is missing. You find a copy of the will among their papers. You cannot apply for probate with this copy alone on the PA1P form. Instead, you should:

1. Search for the original will thoroughly.
2. Contact the Probate Registry to explain the situation.
3. Consider applying for letters of administration if the original cannot be found, which allows you to deal with the estate as if there was no will.

Summary

In summary, you cannot use the PA1P form to apply for probate if the original will is missing. The original will is required to obtain a grant of probate. If it cannot be found, the estate is usually dealt with as intestate, and a different application is needed. The Probate Registry or a legal professional can provide advice specific to your situation.

Official reference: https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will. Always check the latest official guidance. Related forms: Browse our form category.

Important: This article provides general information. Government rules, forms and procedures can change, and this article may not reflect the latest updates. Check current GOV.UK guidance or the relevant authority before relying on it. ITG & Co. is independent and is not affiliated with a government department.