2. Can probate be applied for if the original Will is lost and there is only a copy of the Will?
Where the original will is lost, mislaid, or not available, and when an applicant is applying to admit a copy, a rebuttable presumption of revocation arises.
An ex parte application must be filed to rebut the presumption.
An applicant who seeks to admit the copy will to proof has the burden of proving that it has not been revoked by adducing evidence of surrounding circumstances, e.g. declaration of unchanged affection or intention to rebut the presumption. The evidence may vary according to the circumstances, including relevant matters like the character of the custody, the character of the testator, his relationship with the beneficiaries under the will and other next of kin since the making of the will up to his death, the contents of the will, and whether he had any cause to revoke it.
If the Court admits the copy will to probate, the order normally includes a direction that the grant is limited until the original will or a more authentic copy will has been proved.