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Looking after your will

What happens if the original will is missing?

Take sensible steps when an original Irish will cannot be found, and understand why a copy may require further evidence.

Hands organising folders in a desk drawer

Discovering that the original will is missing can be unsettling, particularly after someone has died. A photocopy or scan may show what the document said, but it does not automatically answer whether the will remained valid and unrevoked at death.

The first step is a careful search, not an immediate assumption that there is no will. Check the deceased person's records and contact any solicitor or storage provider known to have been involved. Ask the named executor whether they were told where the original was kept.

Preserve what you find

Keep copies, correspondence and information about the signing and storage history. Note who last saw the original and where it was then held. Do not alter a copy or attempt to recreate an original signature page.

The circumstances of the loss can matter. A document destroyed accidentally raises different questions from one deliberately destroyed by the will-maker with the intention of revoking it. Where an original last held by the deceased cannot be found, legal presumptions and evidence may need to be addressed.

A copy may still be relevant

The Courts Service provides for probate applications involving a copy will, but additional evidence and an appropriate order may be required. The applicant may have to establish the contents, proper execution and the reason the original is unavailable.

This is a matter for individual legal advice. It would be misleading to promise that a scan will always be accepted, or to assume that a missing original necessarily means the estate must be treated as intestate.

Avoid premature distribution

Until the position is resolved, the executor or other person dealing with the estate should be cautious about distributing assets. A later discovery of the original, another will or evidence of revocation can change the basis on which the estate should be administered.

If you are reviewing your own arrangements, use this as a reminder to make storage straightforward. Keep the original secure, tell your executor where it is and update that information when you move or replace the document.

A clear storage record is a small administrative task with considerable value. It can save your family from having to reconstruct the history of an important document when the person best placed to explain it is no longer available.

Sources and further reading

General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.