Losing a loved one is one of life’s most challenging experiences. On top of the emotional turmoil, discovering that you cannot locate the original will can add an extra layer of stress and confusion.  However, there are steps you can take to ensure your loved one’s wishes are honoured, even if you only have a copy of the original will.

According to Caitlin Moses, Candidate Attorney at specialist commercial law firm Gillan & Veldhuizen Inc., “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 – but you will need to go through the proper legal channels.”

What does the law say?

Under South African law, the Master of the High Court can only accept and register wills that meet all the formal requirements outlined in the Wills’ Act. Typically, this means the will must be in its original form and properly signed. However, if the original is missing and only a copy remains, you will need to apply to the court to have that copy validated.

Steps to validate a copy of a will

The first step is to approach the court to get an order that declares the copy of the original will as valid for administering the deceased estate. The court will require certain proofs before issuing this order:

  1. Proof of proper execution: You will need to show that the original will was properly executed according to the legal requirements.
  2. Circumstances of loss or destruction: You must provide a convincing explanation of how the original will was lost or destroyed or prove that you have conducted a thorough and diligent search without finding it.
  3. Intentions of the deceased: It is  important to demonstrate that the deceased did not intend to revoke the will. This helps reassure the court that the will was meant to reflect their final wishes.
  4. Accuracy of the copy: The copy of the will you present must be shown to  reflect accurately the contents of the original will.

Moses adds, “The court’s primary concern is ensuring that 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, allowing 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 the court’s approval, the copy of the will holds no legal weight, and the estate could end up being distributed according to intestate succession laws, which may not reflect the deceased’s true intentions.   Taking the steps to validate the copy ensures that your loved one’s wishes are carried out as they intended.