Lost Will Probate UK: What to Do If You Cannot Find the Original Will
Updated 15 May 2026 · 7 min read · England & Wales
If a person dies leaving a will but the original cannot be found, English law does not automatically treat the estate as intestate. Probate can sometimes be granted on a copy or reconstruction — but the process is complex, requires court involvement, and is not always successful. This guide explains what to do, what the Probate Registry requires, and when intestacy becomes unavoidable.
Step 1 — Search Thoroughly Before Assuming the Will Is Lost
Before treating a will as lost, complete a systematic search:
- Search the deceased's home — safe, filing cabinet, desk, personal papers, attic
- Search the Certainty National Will Register (certainty.co.uk) — £108 for a standard 30-day executor search covering the whole UK
- Write to every solicitor the deceased is known to have used, including historical firms
- Check safe deposit boxes at all banks the deceased held accounts with
- Search the Principal Probate Registry deposited wills index — apply on Form PA1S for a search of wills deposited under s.126 Senior Courts Act 1981
- Contact the SRA (0370 606 2555 / sra.org.uk) if any known solicitors have since closed
Only after exhausting these steps should you treat the will as genuinely lost.
The Presumption of Revocation
Under English law, if a will was last known to be in the testator's custody and cannot be found after death, the courts apply a presumption of revocation: it is assumed the testator deliberately destroyed the will with the intention of revoking it (animus revocandi). This presumption, established in cases including Welch v Phillips (1836), is rebuttable — but the burden of proof is on those seeking to prove the will was not revoked.
The presumption does not apply, or is much weaker, when:
- The will was held by a third party (solicitor, bank, safe deposit) — the deceased did not have custody
- There is clear evidence the will was accidentally lost (fire, flood, burglary)
- The testator made contemporaneous statements that they intended the will to stand
- The circumstances of loss are explicable without intentional destruction
Key distinction: If the will was held by the testator (at home) and cannot be found, the presumption of revocation is strong. If the will was held by a solicitor or a third party and has been lost or misfiled, the presumption is much weaker or does not arise.
Applying for Probate on a Lost Will
To obtain a grant of probate where the original will cannot be produced, the executor must apply to the Probate Registry for a grant of probate in common form on a copy will, or in contentious cases apply to the Family Division of the High Courtfor a decree pronouncing the copy will valid.
The application requires:
- A copy or reconstruction of the will — a photocopy, a solicitor's file draft, a typed copy, or a digital scan. The copy must reflect the executed will as accurately as possible.
- Affidavit evidence rebutting the presumption of revocation — sworn evidence explaining why the will was not intentionally destroyed. This might include:
- A solicitor's affidavit confirming they held the original and it was lost in transit or during a firm closure
- Evidence of accidental loss (fire investigation report, police report of burglary)
- Witness statements from people who saw the will and can attest to its contents
- Evidence of the testator's expressed intentions (correspondence, attendance notes)
- Evidence of due execution — confirming the will was properly signed and witnessed. Ideally a statement from one or both witnesses, or the supervising solicitor.
What Happens at the Probate Registry
If the application is uncontested and the evidence is strong (particularly where a solicitor confirms they held and lost the original), the Probate Registry may grant probate in common form based on the evidence filed. The examiner has discretion.
If the application is contested — for example, a potential beneficiary under intestacy argues the will was revoked — the matter must go to the Family Divisionfor a solemn form grant, with formal pleadings, disclosure, and potentially a trial. This is expensive (legal costs typically £5,000–£20,000+) and time-consuming.
If the Lost Will Cannot Be Proved: Intestacy
Where the presumption of revocation cannot be rebutted, or where no copy or reconstruction exists, the estate falls to be administered on intestacy under the Administration of Estates Act 1925 intestacy rules. The consequences can be severe:
- Cohabiting partners inherit nothing, regardless of the length of the relationship
- Step-children who have not been legally adopted inherit nothing
- Charities named in the lost will receive nothing
- The statutory legacy of £322,000 (2026) divides the estate between spouse and children in ways the deceased may not have wanted
Beneficiaries who miss out under intestacy may still have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased.
Prevention: How to Ensure Your Will Is Never Lost
- Store the original with a solicitor or in a fireproof safe — and tell your executor exactly where
- Deposit a copy with the Principal Probate Registry (Form PA8, £20)
- Register on the Certainty National Will Register (£25–£30)
- Give your executor a copy (clearly marked “copy — not for probate”) so they know what the will says even if the original is temporarily missing
- Write the storage location in a letter of wishes or executor guide stored separately
See our detailed guide to where to store a will safely.
Frequently Asked Questions
Can you get probate from a photocopy of a will?
Yes, in principle. The Probate Registry can admit a copy or draft will to probate as secondary evidence, but the executor must first rebut the presumption of revocation — demonstrating to the court's satisfaction that the will was not intentionally destroyed by the testator. An affidavit from a solicitor who held the original, or other credible evidence, is required. This is a contested application and usually requires a court order.
What is the presumption of revocation?
When a will was last known to be in the testator's possession and cannot be found after death, English law presumes it was deliberately destroyed with the intention to revoke it (animus revocandi). This presumption can be rebutted by evidence — for example, proof that the will was held by a solicitor or bank, evidence of the testator's expressed intentions, or proof of accidental loss.
What if the will was held by a solicitor who has since closed?
If the firm closed, the Solicitors Regulation Authority (SRA) takes custody of archived client files. Contact the SRA at sra.org.uk/consumers/problems/ with the deceased's name, date of birth, approximate date the will was made, and the solicitor's name. The SRA can locate files transferred to successor firms or storage providers.
If no will can be proved, does the estate go to intestacy?
Yes. If no will can be proved — either because none was made or because a lost will cannot be admitted by the court — the estate is administered under the intestacy rules of the Administration of Estates Act 1925. This means cohabiting partners inherit nothing, and assets pass according to the statutory order regardless of the deceased's expressed wishes.
How do I search for a will that may be held somewhere I don't know about?
Run a search on the Certainty National Will Register (certainty.co.uk) — the standard 30-day executor search costs around £108 and covers England, Wales, Scotland, and Northern Ireland. Also search the Probate Registry deposited wills index (Form PA1S), write to any known solicitors with a death certificate, and contact safe deposit box providers at any bank the deceased used.
Can a will be reconstructed from a solicitor's file note?
Yes — a solicitor's file note, draft instructions, or an unsigned copy can all form part of the secondary evidence used to reconstruct the contents of a lost will. The court must be satisfied that the copy or reconstruction accurately reflects the testator's testamentary intentions at the time the will was executed. This requires witness evidence from those with knowledge of the will's execution.
Prevent This Problem Before It Arises
A lost will can mean your estate is distributed contrary to your wishes and your beneficiaries face expensive court proceedings. Writing a will with WillSafe and storing it properly takes less than a day — and prevents years of uncertainty for the people you leave behind.
Get the WillSafe Kit →Related Articles
- How to find a will after someone dies
- Where to store a will safely
- Intestacy rules 2026
- Revoking a will — how it works
- Contesting a will
- How to apply for probate
This article is for general information only and does not constitute legal advice. Applications involving a lost will are complex — always seek specialist probate advice.