If the original Will can't be located after death, probate isn't automatically defeated - but it becomes significantly harder. The burden shifts entirely to the executor to actively disprove revocation.

The Core Problem:

Singapore's courts presume the Will was deliberately destroyed to revoke it - not a technicality, but a safeguard against fraud and uncertainty in succession.

3 Things the Executor Must Establish

To get a copy accepted in place of the original, the applicant needs to satisfy the court on:

1. Valid execution

Proof the will met the Wills Act requirements - properly signed and witnessed.

2. Accurate contents

A reliable version of what the Will actually said - typically a clear photocopy, scan, or matching draft.

3. No revocation occurred (the real battleground) This is where cases are won or lost. The executor needs to build a case that the Will disappeared by accident, not by design. Useful evidence includes:

• Additional affidavits explaining the loss

• Records showing it was stored securely and went missing without explanation

• Evidence the deceased had no capacity or realistic opportunity to destroy it

• Indications the deceased never expressed intent to change their estate plans

Critically: If the court isn't convinced, probate is simply refused.

What happens if the court rejects the copy?

The Will is treated as invalid and the estate will be distributed under intestacy rules. The beneficiaries named in the lost Will may receive nothing.

Need guidance?

Contact our Certified Will Writer and we will guide you through.