Can you Probate a Photocopy of a Will?

Upon the death of a loved one, one of the most important obligations upon the shoulders of the executor is to find the last will and testament of the deceased.

Usually, what is necessary at this point for the Probate process is the original will, not a photocopy of the will. Probate is the validation of a will of a deceased individual by a Court. Probate also serves to verify that an executor has the authority to act for the estate of the deceased through a Certificate of Appointment of Estate Trustee.

The estate of a deceased will often not be able to be administered without this certificate. If the original will can not be found, but only a photocopy, the presumption is that the original will was destroyed by the deceased and that they also intended that the photocopy be destroyed. If this presumption can not be successfully rebutted, the Probate process will not be able to proceed with the photocopy of the will.

The Probate process will only be able to proceed with a photocopy of a will if it is proved under a separate application to prove the will in “solemn form”. For this process to be successful, it is best that all parties with an interest in the estate consent to the will being proven in court.

If you can not find the original copy of the will of the deceased, it is vital that you speak to a probate lawyer so you can move forward as efficiently as possible. Call Zeeshan S. Baig, Toronto Probate Lawyer at (647) 771-0130 or e-mail us at lawyer@zeeshanbaig.com to set up your probate consultation today.