What to Do If the Original Will Is Lost When Submitting Form PA1P

When applying for probate using Form PA1P, the original will of the deceased is an essential document. It is normally required to prove the deceased’s intentions regarding their estate. However, if the original will cannot be found, this situation must be handled carefully to avoid delays or complications in the probate application.

Confirm the Status of the Will

First, ensure the original will is genuinely lost and not merely misplaced. Check with the deceased’s solicitor, bank, or any safe deposit boxes where it might have been kept. Executors or beneficiaries should also ask other family members or friends if they know the will’s whereabouts.

Inform the Probate Registry

If, after thorough searching, the original will cannot be located, you should inform the Probate Registry when submitting Form PA1P. The form and official guidance expect the original will to be sent with the application, but if it is lost, explain the circumstances clearly in a covering letter.

What Happens Next?

• Copy of the Will: You may be asked to provide a clear, certified copy of the will. While this is not a substitute for the original, it can support your application.
• Evidence of Due Diligence: You might need to provide evidence of the steps taken to find the original will, such as statements from those who searched or records of enquiries made.
• Legal Advice: In some cases, the Probate Registry may require you to apply for a court order or provide further evidence before granting probate without the original will.

Possible Outcomes

Probate cannot usually be granted without the original will, as it proves the validity of the deceased’s instructions. If the original will is lost, the Probate Registry may:

• Delay processing the application until further evidence is provided.
• Request the applicant apply for a grant of letters of administration with will annexed, which is a different form of authority to deal with the estate when the original will is missing.

Practical Tips

• Keep a detailed record of all efforts to locate the original will.
• Contact the Probate Registry helpline if unsure how to proceed; they can provide guidance but not legal advice.
• Consider obtaining legal advice if the will is lost, especially if the estate is large or complex.

In summary, if the original will is lost when submitting Form PA1P, do not proceed without acknowledging the issue. Provide as much information as possible about the loss and any copies available. The Probate Registry will then advise on the necessary next steps, which may include alternative applications or additional evidence.

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.