Lost, Missing, or Forged Wills Solicitors

What to do When a Will Cannot Be Found or Its Validity Is in Doubt

After someone’s death, discovering that their will is missing, incomplete, or potentially forged can create confusion and mistrust. In these cases, the law provides mechanisms to prove what the true will was or to challenge one that is false or improperly made.

At IMD Solicitors we specialise in disputes involving lost, missing, or forged wills. We act for executors, beneficiaries, and family members where a will cannot be found, where only a copy exists, or where fraud is suspected. Our role is to protect your position, preserve evidence, and ensure that only a valid will governs the estate.

When a Will Cannot Be Found

If a will was last known to be in the testator’s possession but cannot be found after their death, the law presumes that it was revoked by destruction unless there is evidence to the contrary. That presumption can be rebutted by evidence showing that the will still existed at death, or that its loss or destruction was accidental.

• Evidence may include:
• A copy or draft will held by the drafting solicitor
• Witness statements confirming the testator’s intentions
• Correspondence or file notes indicating no revocation was intended
• Circumstantial evidence, such as the will being kept in a shared or solicitors’ safe

In many cases, an estate can proceed based on a copy will, if the court is satisfied that it accurately represents the original.

Missing or Destroyed Wills

Wills can go missing for a variety of reasons: accidental loss, fire, deliberate destruction, or poor record-keeping. In these circumstances, the court may allow a copy or reconstructed will to be admitted to probate, provided sufficient secondary evidence supports its authenticity

• We assist clients to:
• Trace and identify all possible versions of a will
• Obtain solicitor files and draft documents
• Locate witnesses to execution or attestation
• Apply to court to prove a copy will in solemn form
• Defend estates where no valid will can be found and intestacy may apply

Where a will has been deliberately destroyed or suppressed, urgent steps can be taken to prevent probate being granted and to recover or verify the original document.

Forged or Fraudulent Wills

Forgery or fraud in relation to a will is a serious matter, often combining civil, evidential, and sometimes criminal issues

• Signs of forgery or fraud may include:
• Altered signatures or substituted pages
• A will signed at an implausible time or location
• Beneficiaries involved in drafting or execution
• Wills that contradict the deceased’s established intentions

We work with handwriting and forensic experts, as well as obtaining solicitor and witness evidence, to assess whether a will is genuine. Where a forged will has been admitted to probate, we can bring proceedings to revoke the grant and restore the rightful estate.

What to Do if You Suspect a Problem

Taking early legal advice is crucial. In many cases, prompt action can preserve documents and prevent distribution of the estate.

Our solicitors can:

• Enter a caveat to stop a suspect will being proved at the Probate Registry
• Obtain disclosure of the will file and related correspondence
• Instruct expert witnesses to analyse signatures, ink, and paper
• Apply to court to determine validity or revoke a grant of probate
• Seek interim relief or injunctions to prevent assets being dissipated

Time is often critical, particularly once probate has been granted, so early engagement can make the difference between success and limitation.

How We Can Help

We provide clear, practical advice on:

• Proving or disproving copy wills and missing wills
• Challenging forged or fraudulent wills
• Protecting beneficiaries and executors from liability
• Applying for directions or injunctions pending determination
• Negotiating or mediating to achieve fair and cost-effective resolutions

We act both for those seeking to uphold a will and for those challenging one believed to be false or invalid.

Our Approach

• Investigative and precise – we analyse evidence, timelines, and drafting history to uncover the truth
• Practical and proportionate – we aim to resolve matters early where possible, preserving estate value
• Specialist expertise – extensive experience in validity challenges and copy will applications
• Transparent on costs – we discuss funding and proportionality from the outset

Frequently Asked Questions

What happens if the original will is missing?
If it was last in the deceased’s possession, the court may presume it was revoked. That presumption can be overcome with evidence to the contrary.

Can a copy of a will be accepted by the court?
Yes, if there is reliable evidence that it represents the final valid will and that the original was not intentionally destroyed.

What if two different wills are found?
The court will determine which is valid, usually by reference to the most recent properly executed version.

How can I prove a will is forged?
Expert handwriting evidence, witness statements, and solicitor file evidence can all be used to demonstrate forgery or fabrication.

What if probate has already been granted on a forged will?
An application can be made to revoke the grant and restore the correct administration of the estate.

Example Cases

• Acted a beneficiary when there were three competing Wills of the Deceased, all executed on the same day, but no idea as to which was the last in time. 
• Represented executors seeking to prove a copy will where the original had been lost, obtaining probate based on a solicitor’s evidence.
• Advised family members on cross-border issues where conflicting wills existed in England and overseas, including the effects of revocation of one will be another.

Get in Touch

If you are concerned about a lost, missing, or forged will, or if you are defending an estate against such a claim, our specialist contentious probate solicitors can help.
Call 0330 107 0107 or request a confidential consultation.
We have offices in London, Manchester and Birmingham and act for clients across England and Wales.