DAVID A. SILVERSTONE
FLORIDA PROBATE AND ESTATES LAWYER.
What happens when a Will is lost or destroyed?
Sometimes when the decedent dies, the original will cannot be found, but only a copy of the will.
A lost or destroyed will can be challenged as invalid. In Florida there is a legal presumption that the original will was intentionally destroyed by the testator prior to his death, as an act of revocation, if it was last known to be in the testator’s possession.
However, that presumption can be overcome by proving that it was lost by accident, or that it was in someone else’s possession when it was lost.