Dear All
I have a client who has lost the original will but have a copy and i have been told that an affidavit of missing document needs to be submitted with the probate application.
Do both executors need to sign the affidavit or only the one who held the original will. One executor lives far away so she cant travel to sign in our office.
I look forward to hearing your thoughts
An affidavit by the executor to prove a copy will isn’t really a thing any more. You will need to complete form PA13 which doesn’t require a signature. Depending on the particular circumstances, the Probate Registry might also want evidence from the witnesses to the will if they’re available. Might be easier if the will was lost after death rather than before.
The Affidavit should be by whoever knows the circumstances about the loss of the original Will, who might not necessarily be one of the Executors.
Cliona O’Tuama
Solicitor