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Can probate be granted if the original will is not produced ?

By: דיאנה שאלתיאלPublished on: 13 May, 2022
Yes, it is possible, as an exception, though in principle the original should be produced. The Inheritance Law states that a will – except for a ‘death-bed ‘ one – should be proved by production of the original. However, as an exception this legislation states that it is possible to prove its existence by a copy of the will or secondary evidence in certain circumstances. These are where it is proved that the original (a) has been lost and reasonable attempts to find it have failed or (b) has been destroyed but was not cancelled or (c) is located overseas and bringing it involves great difficulty or is impossible.
Only after the court accepts that the original cannot be produced as explained above, may secondary evidence be submitted in support of its existence. The court will then discuss its weight. If it is satisfied by it, it can grant probate.

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