Missing Wills - Presumption of Revocation, Evidence & Proving the Will

Introduction

When an original will cannot be found after death, the consequences can be significant for executors, beneficiaries and professional advisers. Was the will simply lost or accidentally destroyed, or did the testator deliberately revoke it? Establishing what happened can be critical to determining how the estate should be administered and who ultimately benefits.

This practical webinar explores the legal principles governing missing wills, with particular focus on the presumption of revocation and the evidential challenges involved in rebutting it. Drawing on recent case law and practical experience, it will examine the circumstances in which a missing will may still be proved and admitted to probate.

The webinar will provide practical guidance on the evidence needed to rebut the presumption of revocation and the process for making an application to prove a missing will. It will also highlight the key issues practitioners should identify at an early stage, helping them assess the strength of competing arguments, advise clients with greater confidence and avoid unnecessary disputes.

Whether acting for executors, beneficiaries or other interested parties, this webinar will equip practitioners with a clearer understanding of the law and practical steps to take when an original will cannot be found.

What You Will Learn

The webinar will cover the following:

• The legal framework governing estates where the original will cannot be located after the testator’s death
• The evidential requirements for rebutting the presumption of revocation and establishing that a missing will remained valid at death
• Practical steps for investigating a missing will, including evidence gathering and witness enquiries
• The use of copy wills and other forms of secondary evidence in probate applications
• How missing will disputes may interact with claims involving testamentary capacity, undue influence and fraud
• Recent case law developments and judicial approaches to disputes involving missing wills
• Practical guidance for executors, beneficiaries and advisers seeking to uphold or challenge the validity of a missing will
• Risk management measures to reduce the likelihood of missing will disputes arising in practice
• Worked examples and practical case studies applying the key legal principles