What happens if the original will can't be found when applying for probate in Newfoundland and Labrador?

This answer covers the law of Newfoundland and Labrador.

A missing original will makes probate harder, and whether a copy can be used depends on the facts and on what the Supreme Court of Newfoundland and Labrador will accept in your situation. Speak with a lawyer before you apply, because the answer can change who ends up administering the estate.

An application for probate starts with a Notice of Application posted with the Registry Office, and after the 5-day notice period you file the petition, the inventory and the will. The will is attached as Schedule A and signed on the back by the applicant, the witness giving the Proof of Will and the person taking the affidavits. The court may also require a will to be proved in solemn form where circumstances appear to justify it.

Probate is not legally required, but an executor who wants to dispose of estate assets needs Letters of Probate to prove the right to do so. Where there is no executor, the Supreme Court appoints an administrator, and administration goes to next of kin. An executor who acts without a grant may be liable if the will is later found invalid.