DO YOU HAVE TO HAVE ORIGINAL

[VICCLA]

I HAVE HEARD TWO OR THREE DIFFERENT INSTANCES, WHERE SOMEONE HAS A WILL, THAT PERSON DIES AND THEN ONE OF THE CHILDREN DESTROY ORIGINAL, THEREFORE HAS TO BE PROBATED? IS A COPY ANY GOOD? WHY WOULDN'T THE ATTORNEY THAT HELPED WRITE THE WILL NOT BE ABLE TO USE HIS COPY? I JUST DON'T UNDERSTAND HOW THIS CAN HAPPEN. THERE SHOULD BE SOMETHING YOU CAN DO TO ASSURE THAT THIS DOESN'T HAPPEN. AFTER ALL IT IS YOUR WISHES! STATE OF MISSOURI

 

[dmode101]

In courts I'm familiar with, typically you may only file and probate an original. The case of the child secreting or destroying the will is generally a crime -- a felony at that! Just a guess, but you may be able to persuade a judge to probate a copy to avoid intestacy benefitting the wrongdoer. In that case though, you would at least need the attesting witnesses to come into court and testify about their witnessing of the will.

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Jeffrey R. Gottlieb, Attorney at Law
http://www.illinoisestateplan.com
This response is not legal advice and does not create an attorney-client relationship.