From cmlaw.com.au: If a will cannot be found after a person’s death, the estate may be treated as if the individual died intestate, leading to distribution according to intestacy laws in New South Wales.
Executors or beneficiaries can apply to the Supreme Court to prove a lost will with sufficient evidence, but challenges such as the presumption of revocation and lack of documentation can complicate the process.
A case study illustrating these issues highlights significant financial and emotional consequences for beneficiaries and potential charities involved when a will is lost.