What Happens If the Original Will is Lost? Can Probate Still Proceed?

If the original will is lost, probate does not automatically fail, but the process becomes more complex and stricter. In Singapore, the court starts from the assumption that a missing original will was revoked by the testator before death, and that presumption must be rebutted.

Here is how it works, step by step.

1. Presumption of revocation

When the original will cannot be found after death, the court presumes that the deceased intentionally destroyed it to revoke it. This presumption exists to prevent fraud and ensure certainty in succession.

Because of this, a photocopy alone is not enough. The executor must actively prove that the will was not revoked.

2. What the executor must prove

To rely on a copy of the will, the applicant must satisfy the court on three key points:

1. The will was duly executed

Evidence that the will was properly signed and witnessed in accordance with the Wills Act.

2. The contents of the will

Usually shown through a clear photocopy, scanned copy, or draft identical to the final version.

3. The will was not revoked

This is the hardest part. The executor must show that the will was lost accidentally and not destroyed intentionally.

Examples of supporting evidence include:

• Testimony that the deceased consistently referred to the will shortly before death
• Evidence the will was kept by a lawyer or in a safe place and lost unintentionally
• Proof that the deceased lacked capacity or opportunity to revoke it
• Confirmation that the deceased expressed no intention to change their estate plan

3. Court application required

The executor must make a formal application to the Family Justice Courts for a Grant of Probate with a copy of the will annexed.

This involves:

• Additional affidavits explaining the loss
• Supporting statements from witnesses or the drafting lawyer
• Higher legal costs and longer timelines compared to normal probate

If the court is not satisfied, probate will be refused.

4. What happens if the court rejects the copy

If the presumption of revocation cannot be rebutted:

• The will is treated as invalid
• The estate is distributed under intestacy rules
• Beneficiaries named in the lost will may receive nothing

This is why lost-will cases are often contentious, especially in blended families or where large estates are involved.

5. Practical takeaway

Losing the original will does not automatically defeat probate, but it:

• Increases cost, time, and evidential burden
• Creates real risk that the estate is treated as intestat

Need guidance on your situation?

If you would like clarity on your options or next steps, speak to our lawyers at PKWA Law for a confidential discussion. Visit our practice area page for further information, or use the Contact Us form below.