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What happens if my will cannot be found after I die?

  • A search will be made for your will. This will involve an initial physical search of your home and papers.
  • After that any known dealings with solicitors will be investigated by relying on your family’s recollections. The public trustee of your state or territory will be checked.
  • Some states and territories offer advertising facilities for lost wills. These may be relied on in addition to advertising in local and national newspapers.
  • If your original will is lost but your witnesses can provide evidence that they saw you sign the will on a particular day a copy of the will may be submitted to the court as an informal will in some states and territories.
  • It is not good practice to rely on an informal will as the court may still reject it.
  • A lawyer can assist you by placing your original will in their strongroom for safekeeping.