Legal Question in Wills and Trusts in New York
Will my original copy of my will be sufficient for my heirs to probate if it is uncontested? The lawyer who prepared my will has died, and I don't know who took over his practice or even if it exists. He had a copy of the will in his files. Will this be a problem for my heirs when I die and my will is probated? I don't expect my will to be contested. Thank you.
3 Answers from Attorneys
You're asking for trouble. You don't even know where this lawyer's office is, or where a copy of the will is. Your heirs are less likely to find it.
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Yes. They will have tor prove it is a true copy and what happened to original. Much safer and easier to make a new will.
The quickest and easiest probate is achieved with the original will. If it is not available there is a presumption that it was destroyed by the Testator.
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