My late father's lawyer's signed copy of my father's will is missing, as well as my father's copy also. Does the lawyer have a responsibility to maintain copy of updated will especially since has a copy of check from my father for revisions made? Therefore, he is now telling us that we have to go by previous will, but what is his responsibility of being able to produce the signed revised will?
1 Answer from Attorneys
Unless he agreed to maintain a copy of the will he is under no obligation to maintain a file. The law presumes that if the original will is missing that the testator destroyed/voided the will. It is up to you to prove the will was not destroyed by the testator or you will have to use the prior will.