Probate with PHOTOCOPY of Will

yogisai2003

Hi My uncke has passed away.we cant find original will. We have photocopy of will where everything goes to my aunt. They are legally married. There should be no inheritance as its going to his wife. I understand we have to fill out PA13-Lost Will Questionaire.  Do i then just complete the standard pribate form PA1P form which is the one if there us a will OR PA1A which is the forms if no will.   Please kindly advise

Marcon

Depending on the size of the estate, it may be simpler to treat him as dying intestate, so that everything automatically passes to his spouse.

See https://www.gov.uk/inherits-someone-dies-without-will

BooJewels

Do you actually need Probate for those circumstances?  Often with estates where everything passes to the spouse, it just isn't necessary. My advice is usually to wait and see who asks for it - which might be the case with some pensions, shares, Premium Bonds etc.

wilfred30

Was it a DIY Will or one done through a solicitor?

If through a solicitor, it's possible/likely that they hold the original.

poppystar

I got conflicting information from the probate helpline on this and eventually went with the PA1P and they didn’t send it back and ask for the other form. So if you have to apply maybe use that one. It does mean some questions are a little hard to answer but there effectively is a Will albeit not the original. I think because you are completing the PA13 you will have to do a paper submission (apologies if that info is now out of date) so a covering letter can be added to clarify.

Savvy_Sue

Marcon said:

Depending on the size of the estate, it may be simpler to treat him as dying intestate, so that everything automatically passes to his spouse.

See https://www.gov.uk/inherits-someone-dies-without-will

As Marcon says, depending on the size of the estate, and also whether or not they had children? 

poppystar

Marcon said:

Depending on the size of the estate, it may be simpler to treat him as dying intestate, so that everything automatically passes to his spouse.

See https://www.gov.uk/inherits-someone-dies-without-will

Assuming also there is no previous Will that says something different lurking in the background that someone might produce at some point. This was the reason I didn’t go down the intestate route. The Will you have a photocopy of will revoke all previous Wills but they would not be revoked without it.