The will is one of the most critical documents in your life, and the government encourages people to create one sooner rather than later. According to a Gallup report, 45% of Americans have a living will. It helps with asset distribution after someone’s death. But what if the will is lost?
You may encounter legal complications and challenges that can affect your overall financial situation if you have a lost will. To understand the consequences of losing an original will, it’s important to know what a copy of a lost will means and how it works in court.
In addition, knowing the steps to take if your original document is missing can help avoid these problems from happening to you or someone else in your family.
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The Importance of an Original Will
You may not know the importance of a will, but it’s crucial to your estate planning. A will is an essential legal document that outlines how you want your assets distributed once you pass away.
Without one, the state would decide what happens with your property and possessions. The decision is made through inheritance. According to recent reports, an American’s average inheritance between 2016 and 2019 was $46,200.
A common misconception about wills is that they only need to be written once to take effect. This isn’t true. In fact, it’s recommended that each person create at least two copies of their original wills, one stays with them, and another goes into safekeeping with an executor or trustee.
This way, there’s no risk of losing track of any important information on those pages should something happen during transit between locations.
Common Reasons for Lost Wills
A lost will is often the result of a natural disaster or fire. If the will was not properly stored in a safe place, it could be destroyed by water damage or flames.
Sometimes, people never write their wills or simply forget to sign them after they’ve been written. In these cases, there’s no legal document to serve as your last will because you never created one in the first place.
Theft is another common reason why someone might lose their last will. If this happens to you, report it immediately so that police investigations can begin immediately.
Can You Submit a Will’s Copy in Court?
If you have lost the original will, the real question is whether a copy of the will is valid in court. Well, it is valid, but there are several consequences. One consequence, for example, the person who is the personal representative according to the will should file a petition for submitting a copy.
Additionally, the representative has to show that a diligent search was conducted to find the original will. Only after seeing a diligent search attempt will the probate court accept the copy of the will.
There are many other such consequences you must learn about. Moreover, these laws can change from state to state. That’s why knowing the steps before giving a copy of the will in court is important.
You can find such information on a law firm’s website. All you need to do is search for the question you have in mind, such as “Is a copy of a will valid?”, and you will get the results. Open any law firm’s website to get all the necessary information. It is best to look for information on a legal website because it contains factual information.
The information on a law firm’s website is curated by law experts with experience tackling situations you currently face. Law experts write the information on Thienel Law’s website. The website has a blog that covers various topics in estate planning and tries to explain everything in simple language that everyone can understand.
Besides the blog, the company has video resources and a legal guides section to help you with legal complications.
Legal Challenges and Complications
When a will is lost, it can cause legal challenges and complications. The first problem is that if an original copy of the will cannot be found, there is no proof that it existed. This means that any heir who wants to claim their inheritance must file for submitting a copy of the lost will if the original will was lost.
There are many such problems, and some of them are as follows:
Disputes Among Heirs
When a will is lost, the consequences can be significant. Disputes among heirs are common, and these disputes can lead to legal complications that are expensive and time-consuming. In addition, legal complications may cause additional disputes among heirs, which can be avoided by having a will in place.
If you have been named as an heir or executor in someone’s will but don’t know where to start looking for it, you should consult with an estate planning attorney before taking any action on behalf of your loved one’s estate.
The Will Representative Has to File for Submitting a Copy of the Lost Will
If you are the executor of a person’s estate and they have lost their will, it is your responsibility to file for submitting a copy of the lost will if the original will is lost. You must prove the authenticity of this copy so that the courts can accept it.
If you fail to do so, you could face serious consequences such as intestacy laws, which means that if no valid beneficiary is named in your loved one’s last known will, those assets go back into state coffers instead of going toward their intended recipients.
The Will Representative Has to Prove the Authenticity of the Copy
The next step is to prove that your copy is authentic and not a forgery. You will need to show that you have no reason to doubt its validity, and there are some ways that you can do this:
- Have someone who knows about wills and an estate lawyer review your will. They should be able to tell if there are any unusual aspects or mistakes that would indicate an attorney did not write it or if it looks like it was written on official stationery from an attorney’s office. If they notice any authenticity issues, they may be able to help find an attorney who could draft one up correctly.
- If possible, consider getting another witness who saw the deceased sign their name on their final version of this document. This person wouldn’t necessarily need any knowledge about wills but could confirm whether or not they had seen him/her sign before he/she died.
Intestacy Laws Are a Consequence of Lost Will
Intestacy laws are a set of legal rules that determine how an estate is distributed if there is no will or other written instruction regarding its disposition. These laws vary by state, but they generally provide that property passes to a spouse and/or children. If no spouse or child survives the deceased person, then the estate goes to other relatives according to their order of priority under state law.
The relative simplicity with which intestacy laws operate makes them an attractive alternative for those who don’t want to bother writing out detailed instructions about how they would like their assets divided upon death. Still, it also means that if someone dies without leaving any written instructions regarding his or her estate plan, those who would have otherwise been entitled by law may lose out on any inheritance rights entirely.
Steps to Take If a Will Is Lost
To avoid losing your original will, you can take a few precautions. First, keep it safe to avoid being destroyed or stolen. For example:
- Store the document in an envelope or folder with other important documents and keep them somewhere convenient but secure, not on your desk where anyone can easily see them.
- Ensure that anyone with access to this area knows not to disturb these items unless they have your permission directly.
The second thing to consider is how long ago was your last update. If any changes need making now because of life circumstances changing since then, you must be quick with changing your will. As a rule of thumb, it is said to review your will every five years.
Conclusion
We hope you better understand what happens when a will is lost and how to prevent this from happening in the future. The legal complications from losing your original will can be overwhelming, but don’t let them stop you from making sure your wishes are known.