In the digital age, we rely so much on copies and pdf files for most of everything we do in business limited only by the speed of our internet connection, why does the Court not allow probate of a copy of a will?
In Florida, all that a testator needs to do to revoke a will is destroy it and it is deemed revoked. Yet, no one would know that it was revoked unless the original just happened to be found in the shredder upon the testator’s passing. Therefore, if the original will cannot be found, the Court will typically presume that the testator purposely destroyed it.
A presumption of destruction can still be overcome by competent substantial evidence. Typically that evidence will be testimony from a disinterested witness to the will. However, there may be other ways to probate a copy of a will.
So, if you have found a copy of the will and cannot locate the original, you may need to discuss the matter further with an experienced probate attorney.