Full question:
If there is no original Last Will (destroyed by lawyer). Will the Court accept a photocopy for probate since no original exists? I only have a first generation copy - Is that acceptable to the court because of special circumstances?
- Category: Wills and Estates
- Date:
- State: Texas
Answer:
A valid will requires that the person making it has testamentary capacity, meaning they are of sound mind, aware of their assets and potential heirs, and free from coercion. In Texas, a will must be signed by the testator or by someone else in their presence and at their direction, along with signatures from at least two witnesses who are at least fourteen years old.
The court typically requires the original will for probate to ensure its validity. However, an authenticated copy can be admitted, though this process can be lengthy and is not guaranteed. The court will need testimony from witnesses to establish the validity of the will and confirm that it was not revoked by the lawyer's destruction.
According to Texas Probate Code § 85, if a written will cannot be produced, it can still be proved through testimony from credible witnesses who have read or can identify the will's contents. You will need to demonstrate the reason for the original's non-production and provide sufficient evidence that it cannot be found despite reasonable efforts.
For further assistance, consider consulting a local attorney who can review your specific situation and documents. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.