copy of a will Archives – WillsHub-BHS Legal

Probate and a grant of probate – what is probate?

Probate is the official process to establish or prove, whether a deceased person’s will or testamentary document is valid and intended to be their last will.

A grant of probate is the document issued by the Court of Probate after completion of an examination process. A type of grant of representation, it is an order of the Court certifying that the executor (or personal representative) named in the document is lawfully authorised to administer the estate of the deceased person. It is also official recognition that the will (which may include codicils) was proved to be valid by the Court and intended to be their last will. This article is about probate, which only applies when a will was left.

A lost will – when the original can’t be found.

Keeping an original will safe and secure is one thing, (for more on storing a will click here), but as a practical matter, it is also important to let executors know, or family or a trusted friend, of its whereabouts.

But what if for some reason an original will cannot be located? What can be done? Does it mean the intestacy rules have to apply?

Who can see the will of a deceased person, and get a copy?

To see the contents of a deceased person’s will can be difficult. But in some states if you know who has the will, a copy, or other testamentary document, the law requires them to allow certain categories of people who are entitled under the law, to have access. If you are within one of these categories you are entitled to inspect or see the will; and obtain a copy of it. Copying is at your expense, but the costs must be reasonable.

copy of a will

Probate and a grant of probate – what is probate?

A lost will – when the original can’t be found.

Who can see the will of a deceased person, and get a copy?

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