Can You Apply for Probate Without the Original Will in Singapore?
Losing the original Will after someone passes away can feel like everything is about to fall apart.
A common question we hear is:
“If the original Will is lost, can probate still proceed in Singapore?”
The short answer is yes, but it is more complicated.
In this guide, we break down exactly what happens, what the courts look for, and what you should do next.
Can You Apply for Probate Without the Original Will in Singapore?
Yes, you can still apply for probate without the original Will in Singapore.
However, the court will not automatically accept a copy.
You will need to provide strong supporting evidence to prove that:
The Will is valid
The copy is accurate
The Will was not intentionally revoked
This makes the process more detailed compared to a standard probate application.
What Happens If the Original Will Cannot Be Found?
When an original Will cannot be found, Singapore courts may apply the presumption of revocation.
This means the court may assume the person who made the Will destroyed it on purpose.
Unless you can prove otherwise, the Will may be treated as invalid.
This is one of the biggest legal risks when dealing with a lost Will.
What You Must Prove to Use a Copy of a Will
To proceed with probate using a copy, you will generally need to prove three key things:
1. The Will Was Properly Executed
The Will must comply with the Wills Act:
Signed by the testator
Witnessed by two individuals
2. The Copy of the Will Is Accurate
Accepted documents may include:
A scanned copy
A photocopy
Drafts or records from the drafting lawyer
3. The Will Was Not Revoked
This is usually the most difficult part.
You will need evidence that the Will was lost accidentally, not destroyed intentionally.
This may include:
The deceased referring to the Will before passing
No evidence of a newer Will
Testimony from the lawyer
Proof of thorough search efforts
Probate Process for a Lost Will in Singapore
If the original Will is missing, the executor must apply to the Supreme Court of Singapore for a Grant of Probate using a copy.
The process typically involves:
Filing a probate application with supporting affidavits
Explaining how the Will was lost
Providing evidence of validity and contents
Documenting search efforts
Compared to a normal probate application, expect:
Longer timelines
More documentation
Higher legal complexity
What Happens If Probate Cannot Proceed?
If the court is not satisfied with the evidence:
The copy of the Will will not be accepted
Probate will not be granted
Instead, the estate will be distributed under the Intestate Succession Act.
This means:
The law decides who inherits
Not the deceased
This can create serious issues for:
Singles
Divorcees
Blended families
Some intended beneficiaries may receive nothing.
What To Do If You Have Lost the Original Will
If you cannot find the original Will, take action early:
Search the deceased’s home, files, and safe deposit boxes
Check the Wills Registry to confirm if a Will was registered
Speak to family members
Gather any copies or drafts
Early action can significantly improve your chances of a successful probate application.
Key Takeaway: Lost Will Means Higher Risk, Not the End
If the original Will is lost in Singapore, probate can still proceed, but it comes with:
More scrutiny
More evidence required
Greater risk of delays or disputes
In some cases, the estate may ultimately be treated as if no Will exists at all.
Need Help With a Lost Will in Singapore?
At Kin Wills, we help families navigate complex Wills. Speak to a Kin Wills Consultant today.
For educational purposes only, not legal advice.
