Losing a loved one is one of life’s most challenging experiences. On top of the emotional turmoil, discovering that the original will cannot be located can add stress and confusion. However, steps exist to ensure your loved one’s wishes are honoured, even with only a copy of the original will.

It is not uncommon for original wills to go missing. Whether lost or accidentally destroyed, a copy of the primary will can still be recognised as valid. However, you will need to follow the proper legal channels to achieve this.

What does the law say about validating a will?

Under South African law, the Master of the High Court can only accept and register wills meeting the Wills’ Act requirements. Therefore this typically means the will must be in its original form and properly signed. Because if the original is missing, you must apply to the court to have the copy validated.

Steps to validate a copy of a will

The first step is to approach the court for an order declaring the copy of the original will valid for administering the estate.

The court requires certain proofs before issuing this order:

• Proof of proper execution

You need to show that the original will was properly executed according to legal requirements.

• Circumstances of loss or destruction

Provide a convincing explanation of how the original will was lost or destroyed. You must also prove you conducted a thorough and diligent search.

• Intentions of the deceased

Demonstrate that the deceased did not intend to revoke the will. This reassures the court that the will reflects their final wishes.

• Accuracy of the copy

Show that the copy of the will accurately reflects the contents of the original will.

Protecting loved ones’ wishes

The court’s main concern is ensuring the copy of the will genuinely represents the deceased’s intentions. If these conditions are met, the court can direct the Master of the High Court to accept the copy as valid. Then, this allows the estate to be administered according to the deceased’s wishes.

If you find yourself in this situation, seek legal advice as soon as possible. Without court approval, the copy of the will holds no legal weight. This could result in the estate being distributed according to intestate succession laws, which might not reflect the deceased’s true intentions.

Taking the steps to validate the copy ensures your loved one’s wishes are carried out as intended.

Caitlin Moses | Candidate Attorney | Gillan & Veldhuizen Inc | mail me |

Related FAQs: Validating a will copy

Q: What are the requirements for a valid copy of a will?

A: The requirements for a valid copy of a will typically include that the copy must accurately reflect the intentions of the testator and comply with the formalities outlined in the wills act. This includes being signed by the testator and witnessed appropriately, even if it is a copy.

Q: Can a copy of a will be valid for purposes of administering a deceased estate?

A: Yes, a copy of a will can be accepted as valid for purposes of administering a deceased estate, especially if the original will is lost or cannot be found, provided that the court is satisfied that the copy represents the intentions of the testator.

Q: Will validating a will copy suffice if the original will was made but cannot be found?

A: If the original will cannot be found, you should conduct a sufficient search for the original. If you have searched everywhere and still cannot locate it, you may be able to proceed with a copy of the will, provided it meets the necessary legal requirements.

Q: How can I get a certified copy of a will?

A: To get a certified copy of a will, you may need to contact the executor or the attorney who handled the estate planning. They can provide you with a certified copy that is legally valid for probate and other legal purposes.

Q: What happens if only a copy of a will is destroyed?

A: If the original will is destroyed and only a copy remains, the copy may still be accepted as valid if it can be proven that it reflects the testator’s intentions and meets the requirements for a valid will.

Q: Will validating a will copy be legally valid?

A: Copies of wills can be legally valid under certain circumstances, particularly if the original is lost or destroyed. The court must be satisfied that the copy represents the intentions of the testator and that a sufficient search for the original has been conducted.

Q: Who can witness the signing of a will to ensure it is valid?

A: The witnesses to the signing of a will must generally be independent individuals who are not beneficiaries of the will. They should also be of legal age and mentally competent to understand the nature of the act they are witnessing to ensure the will is valid.

Q: What role does the executor play in validating a will copy?

A: The executor is responsible for managing the deceased estate and ensuring that the wishes of the testator are fulfilled. If the original will is lost, the executor may need to present a copy of the will to the probate court to validate it and proceed with estate administration.

Q: Can I create a copy of a will on my own?

A: While you can make a copy of a will, it is essential to ensure that the copy accurately reflects the original document and meets all legal requirements. It’s advisable to consult with a legal professional to ensure that the copy is valid and acceptable for probate.