Legal Question in Wills and Trusts in New York

Very difficult. You would have to comply with NY SCPA 1407 (Proof of lost or destroyed will). The statute says the following:

"A lost or destroyed will may be admitted to probate only if

1. It is established that the will has not been revoked, and

2. Execution of the will is proved in the manner required for the probate of an existing will, and

3. All of the provisions of the will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of the will proved to be true and complete."

Obviously, it is much better and easier to obtain the original will (and not a copy) for probate.

Mike.

I agree with Mike.If the inheriting parties will be the same, you can always do Administration, which is where a person dies without a Will. The intestacy laws determine who will inherit the estate. If the original is truly lost and it cannot be proven to be so, Administration may be the only option.