Anyone making a fresh Will, or revoking a previous Will, normally destroys the earlier version. Burning a Will is probably the best way of destroying a Will and, if any paper should survive, making sure that no text remains legible.
The situation however becomes more complex if either a new Will is made without destroying the earlier or if someone doesn’t get round to making a new Will having destroyed their previous one. In particular if there is no Will replacing the destroyed one, then the deceased simply dies intestate – it’s as if they never made a Will at all.
What happens if someone else destroyed the Will?
If someone else destroys your Will without permission, that Will actually remains valid. The problem here, however, is establishing what was actually in the Will. It’s often easier to do so if you can find copies of the destroyed Will – check with the solicitor who originally drafted the Will as they may have kept copies. Without an actual copy of the Will, however, things get trickier. To establish the Will as valid, you will need to find some proof of the contents of the Will – perhaps a letter written by the person making the Will about its contents.
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