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Home / My brother refuses to give me the original will signed by our father, a widower, who died recently. I want to get the estate divided up. Can I get an order enforcing the will from the Inheritance Registrar if I attach a photocopy of the will which I have ?

My brother refuses to give me the original will signed by our father, a widower, who died recently. I want to get the estate divided up. Can I get an order enforcing the will from the Inheritance Registrar if I attach a photocopy of the will which I have ?

By: דיאנה שאלתיאלPublished on: 13 May, 2022
No. The Inheritance Registrar will not use his/her powers to issue probate where the original will is not submitted. He/she is almost certain to use his/her powers under the Inheritance Act to transfer the application for probate to the family court, unless a plausible reason is given for the non-submission of the original, and it is obtained from another source and presented to the registrar.
In certain instances listed in the act the registrar must transfer an application to the family court eg where formal opposition to a probate application is lodged. In addition to his/her obligation to transfer such cases, the registrar has discretion to transfer an application for probate whenever he/she sees it right to do so. If a photocopy of a will is submitted instead of the original this is most likely to arouse suspicion and the registrar will almost certainly transfer the application to the family court for the matter to be examined carefully , including the real reason why the original will was not produced. Beneficiaries and other interested persons will have the opportunity to respond and object . This may even prompt someone holding the original to submit it .

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