Incorrect, Lost or Destroyed Wills

Changing a Will before death

A Will can be changed by either making a new Will or Codicil to an existing Will. Our Tax and Probate team can assist you with the making of a new Will or Codicil.

Changing a Will after death

If, after the passing of a Deceased, an obvious mistake or omission in their Will is identified, and the Court is satisfied that it can determine the proper intention of the Deceased, the Court may take action to correct that mistake. Likewise, a Court may correct a Will if the Deceased did not understand the instructions they were given about the Will by the person preparing the Will.

It is also possible, if all parties interested in the Will agree, for the contents of a Will to be varied using a Deed of Variation.

Lost or destroyed Wills

The Courts operate on the presumption that a Will which cannot be found has been intentionally destroyed, and therefore revoked, by the Deceased. However, there are some circumstances where a unintentionally lost or damaged Will can be enforced and the Court may accept evidence of the Will’s contents in place of the original Will itself. It must be established that the Deceased had validly completed a Will on those term alleged and that the original Will has subsequently been genuinely lost or destroyed in error (for example, the Deceased may have destroyed their Will after losing capacity and did not understand the effect the destruction of the Will would have).