Understanding What To Do If A Will Goes Missing Or Is Stolen

What Happens if a Will is Missing? 

If you can't find the original will of someone who has passed away, the next steps can seem confusing. The question is whether to use letters of probate, which confirm a will, or letters of administration, which apply if no will is found. This choice depends on proving if a valid will was ever made and what it might have said.

 

Finding a Proof of a Will 

When a will is missing, proving it existed is the first step. Courts will accept other types of evidence like family conversations about the will, statements from the lawyer who created it, or notes and emails related to the will. Even a mutual, or mirrored, will with a spouse can help. The goal is to provide enough proof to show a will was made.

 

What is Revocation? 

There's a legal idea called "revocation" which means if a will last with the person who passed away is missing, it might be assumed that they didn't want it anymore. But this isn't set in stone—if you have proof that the will was lost due to something else, like a theft, you can challenge this assumption.

 

Proving What the Will Said 

Once you've shown that revocation may not apply, the next challenge is proving what the missing will said. You can use copies, drafts, or testimonies from those who knew about the will. Courts need an explanation for why the original will isn't available and proof to back up claims about what it included.

 

Moving Forward Without a Will 

If you can't prove a will existed or know its contents, the law treats the situation like there was no will. This means applying for letters of administration to settle the estate according to the laws about what happens when someone dies without a will. Handling a situation where a will is missing can be complex. Knowing the steps can help in making the process clearer and smoother.

 

Contact Us for Guidance

If you or your loved ones are facing the challenges of a missing will, don't navigate this complicated process alone. Our team is here to help you navigate through these legal processes and will advocate on your behalf. At Trio Law Offices, we're here to assist you every step of the way. Reach out to us today to discuss your situation and explore your options.