Lost or Destroyed Wills

Unfortunately, wills can sometimes go missing, get destroyed or become so damaged that it becomes impossible to interpret their contents. There may be a number of reasons or causes for this and, during the time after a testator’s death, it can be stressful to sort out. To do so, seek the help of a leading law firm.

The expert solicitors at JMW can assist executors to prove a lost, destroyed or damaged will. We can also advise beneficiaries on claims they may have as a result of a lost, destroyed or damaged will. 

We are aware of the difficulties that families and other beneficiaries can face when organising a will, and legal issues can only increase this stress. With that in mind, we aim to make the process of dealing with wills that have been lost or destroyed as straightforward and efficient as possible. 

For assistance with issues relating to a destroyed or lost will, contact the expert wills and estate solicitors at JMW by calling 0345 872 6666 or filling out an online enquiry form.

How JMW Can Help

In cases where a will is known to have been in the possession of the testator but cannot be found, it is often presumed that they have destroyed the will with the intention of its contents not applying upon the event of their death. However, it is possible to provide evidence to a court to rebut this presumption, and JMW can assist with this.

In order for a court to accept this, the person claiming that there was a valid will at the time of death would need to prove the following: 

• The will was duly executed - all of the relevant legal information has been completed.
• Who had possession of the will at the testator’s time of death
• Where the will was in the possession of the testator that it was not (knowingly) revoked by them, or that it was not the testator’s intention to revoke it
• The contents of the will - this will usually be done by producing a copy

In cases where a will has been lost, we may be able to locate it on a national database, with the testator’s legal advisers, or if there are any draft copies, a reconstruction may be accepted by the probate registry or court following an application. These applications can be complex and it is important that you seek early legal advice in order to maximise your chances of success.

JMW is a professional and experienced law firm and can help claimants to achieve these by providing expert legal advice and recommendations on how to make an application to prove a lost or destroyed will. We can make the application, and then, if necessary, our solicitors can mediate or represent you in court in order to achieve the intentions of the testator and to benefit you by securing what you deserve.

If a will has been lost or destroyed accidentally by a professional such as a solicitor or accountant, it may be possible to bring a professional negligence claim against that professional. For more information on professional negligence claims, visit our dedicated page.

Wills and estate law can be complicated and confusing, and you should not attempt to navigate it without the help of legal experts such as those at JMW.

Our Accreditations

The high quality of our advice on trust disputes has earned us accreditation from a number of highly respected industry organisations, including:

• The Legal 500 - Who said that JMW are a “great team. Good legal knowledge and commercial approach to litigation. The team moves very quickly, and is very calm and knowledgeable.”
• Chambers and Partners High Net Worth Guide - JMW’s wills disputes team is described by an interviewee as a “professional, modern firm delivering expert advice”. Alison Parry is described as “one of the best litigators in Manchester” and her “strengths are her obvious expertise, her capability and her empathy”. 
• The Association of Contentious Trusts and Probate Specialists (ACTAPS) - Membership to this association requires solicitors firms to meet certain criteria based on their performance in this line of work.
• Society of Trusts and Estate Practitioners (STEP) - Membership of STEP demonstrates our commitment to high professional standards and continued professional development, building the confidence, respect and trust of our clients.
• Special Interest Group for Contentious Trusts and Estates - Members of this group are focused on international trust and estate law while promoting best practice in the handling of contentious trust and estate disputes and trustee litigation. 

You can count on us to provide specialist advice tailored to your specific circumstances, communicated in clear English to make the process feel as simple and straightforward as possible. Our wills dispute lawyers will make sure that assets are being handled and distributed in the right way, to the satisfaction of everyone involved.

How can a Will be Lost or Destroyed?

An example of when the testator was in possession of the will but it was not knowingly revoked by them might be where the person making the will had lost mental capacity. As a result, they may have accidentally destroyed the will without understanding what it was, or the document was destroyed in a home disaster, such as a flood or fire, without them knowing. 

In occurrences where the will was in possession of another person at the time of death, such as a solicitor or family member, and the document has been lost or destroyed accidentally, or damaged to the point where it is unreadable, it might be possible to put forward a copy or draft of the will so that the court can see evidence of its intended contents. There may also be a professional negligence claim against the solicitor/professional who lost the will.