Lost or missing wills
Updated 20 August 2026 · 6 minute read
The will exists — someone remembers signing it — but nobody can find it. This is common, solvable, and governed by one awkward presumption: a will last known to be in the deceased's own possession and now missing is presumed destroyed on purpose, unless the evidence says otherwise.
The search, in order
- The house: filing cabinets, safes, the freezer, the book it was 'kept safe' inside
- Their solicitor — and any solicitor they ever used (firms hold wills in safe custody for decades)
- Their bank — safe custody packets are routinely forgotten
- The state's will registry and the Public Trustee, both of which hold lodged wills
- The Supreme Court registry — some accept wills for safekeeping
- Accountants, financial planners, and the drawer at the retirement village office
Only a copy? Probate is still possible
Courts grant probate of a copy where the evidence overcomes the revocation presumption. You'll need affidavits covering:
The will existed and was properly executed
The drafting solicitor's file and witnesses are gold here.
What it said
A photocopy, scan, or the solicitor's retained draft.
Why the original is missing
House fire, office flood, moved aged-care rooms three times — a benign explanation that rebuts deliberate destruction.
The deceased didn't change their mind
Evidence they still spoke of the will's arrangements as current.
Registries expect a genuine search before entertaining a copy application, and a half-done search invites requisitions. Document every enquiry: who, when, answer.
The estate proceeds as intestate — letters of administration and the intestacy rules take over.
Copy-will applications are specialist paperwork
This is one situation where fixed-fee legal help earns its money several times over.
Get fixed-fee probate quotesWho are the 'interested parties' who must be told?
Everyone who'd inherit if the copy is refused — the intestacy beneficiaries. Their consent smooths the application enormously.
The will is torn or has staple holes — problem?
Possibly. Registries treat damage and staple marks as evidence documents were once attached or tampering occurred — expect an affidavit explaining the condition.
What about a will made overseas?
Foreign wills can be admitted with expert evidence of the other country's law — and sometimes a reseal is the shorter path. See reseals.
Sources
- Supreme Court probate registries — lost will applications
- State will registries and Public Trustees