What Happens If a Person Loses Their Original Copy of a Will?
As a Search Engine Optimization (SEO) expert working for Google, I aim to provide a comprehensive guide on what to do if you discover that a loved one's original will has been lost. Understanding the steps to take can help prevent potential disputes and ensure that the deceased's wishes are followed correctly.
Steps to Take When a Will is Lost
First and foremost, if you suspect that the original will may be missing, it is imperative to take all reasonable steps to locate it. Here are some key steps you should consider:
1. Engage the Deceased’s Family
Begin by reaching out to the deceased's family. Sometimes, other family members know where the will may have been stored, such as a safe deposit box or a specific location in the home.
2. Thoroughly Search the Deceased's Home
Conduct a thorough search of the deceased's home. Check common locations such as safes, safes in garages, attics, and even under rugs. Consider enlisting the help of a cleaning professional to ensure you do not overlook any potential hiding spots.
3. Contact Professional Advisors
Reach out to any solicitors, professional advisors, banks, and will writers the deceased may have used. They might have copies or know where the will is stored.
4. Check with the Solicitor's Regulation Authority (SRA)
If you suspect the will was prepared by a solicitor, you can contact the Solicitor's Regulation Authority (SRA). They can assist in tracing any records or copies of the will and help determine where they might be stored.
5. Search for a Record with Certainty Wills Service
Another option is to check if the deceased had registered their will with Certainty Wills service. This will require a search fee, but it might provide a stored copy of the will.
6. Place Public Advertisements
If all else fails, consider placing ads in local newspapers and legal publications. A well-crafted advertisement can reach those who may possess information about the will's whereabouts.
If the Will is Completely Lost
Unfortunately, if the original will is completely lost, the matter will be handled through a process called probate. If there is no will to guide the distribution of the estate, the property will go through probate as if there were no will. This process can be lengthy and complex but ensures that the deceased's assets are distributed according to the intestacy laws of the respective jurisdiction.
Legal and Introspective Reflections
Legal Perspective: The process of obtaining a probate over a lost will is governed by specific legal principles. Under Section 238 of the Indian Succession Act 1925, if a will has been lost or destroyed, but no copy has been made, probate of the will's contents can be granted if they can be established by evidence. The law heavily favors granting probate, even if only parts of the will are missing. The evidence required to prove the contents of the will can include secondary evidence, such as verbal accounts by those who have seen the document.
Introspective Perspective: A will does not just define the legal distribution of assets; it also reflects a person's will to plan their legacy. The existence of a will, even if lost, signifies a desire to articulate how one's life should continue after death. Conversely, the absence of a will can highlight the natural human instinct to survive, which is an inherent part of our being.
Conclusion
Handling the loss of a will is a sensitive and complex issue. By following the outlined steps, you can increase the chances of recovering the original document. However, if all efforts fail, understanding the probate process and the legal principles supporting it can provide clarity and guidance on how to proceed.
In any case, the process of dealing with a lost will is not just about legal procedures; it is also about respecting and honoring the deceased's wishes and legacy. If you are in legal limbo, seek the advice of a professional attorney to guide you through the process.