Proving the existence of lost wills

The court has long accepted jurisdiction to declare the existence and terms of a lost will, and pronounce probate of such will. Thus, where a will cannot be found at the point at which it is desired to obtain probate of it, there is a route by which probate still may be obtained, avoiding intestacy or a grant in respect of an earlier will by default. That jurisdiction does not undermine the formalities required by the Wills Act 1837: the formalities must have been complied with, invoking the jurisdiction simply requires an inquiry into that question.