PT-2023-BRS-000112 - [2025] EWHC 2633 (Ch)

Fourthly, mere loss of an original will does not prevent probate being obtained. Thus, the Non-Contentious Probate Rules 1987, rule 54, provides for the admission to probate of a copy of a will. Indeed, where not even a copy of the will exists, it is possible to obtain probate of a reconstruction of the will from other evidence: see eg Wildmore v Wildmore (1938) 185 LT Jo 297 (where the will had been consumed by fire after the death of the testatrix). On the other hand, if it can be shown that the will has been destroyed by its maker, with the intention of revoking it, then it will be revoked: see the Wills Act 1837, section 20. Moreover, where a will is last traced into the testator’s possession and is not forthcoming at his death after all reasonable search and inquiry, there is a presumption that the testator has destroyed it with the intention of revocation: see Welch v Phillips (1836) 1 Moo PC 299. But of course it is only a presumption, and may be rebutted on the evidence actually available.