What to do if the will is lost?

Every citizen of the Russian Federation has the right to dispose of his property at his own discretion. The same rule applies to drawing up a will.

Such a document is created so that relatives can divide among themselves the material benefits acquired during the lifetime of their loved one. But, a will is a paper document with which various situations can happen. It can be lost, burned, badly damaged, etc.

To do this, you need to collect a package of documents and submit them to the relevant authorities within a certain period. Further in the article the procedure for restoring a lost will will be discussed in detail.

Where should I look for a lost will?

Another possible option for them to search for a will may be a request to the Unified Notary Information System. You can access such an electronic database either independently or with the help of a notary. To be able to find a lost will, the heir needs to prepare documents that confirm family ties with the testator, a passport and a death certificate.

In the Unified Information System you can obtain the following information:

• probate register number;
• the date on which the will was made;
• information about the testator.

Period of restoration of the will

An application is a document that has legal force and has no expiration date. But, the period during which you can enter into inheritance rights is limited. It is six months from the date of death of the testator.

This is stated in Article 1154 of the Civil Code of the Russian Federation. If the heirs have a good reason why they did not have time to declare their rights to the property of the deceased in time, they can extend the validity of the will in the judicial authorities.

If the heirs cannot find the will, they need to begin searching or restoring it as quickly as possible.

What happens if the will is lost

The completed application can be kept by both the testator and the trustee. In the first case, there is a risk that after the death of the testator, his heirs may not find the will on their own or may not even know about the existence of such a document. It is possible that the testator will lose the will during his lifetime and will not have time to restore it.

Without the original of this document, the inheritance will be distributed according to the law between the heirs of the first stage, the second and so on. The order of heirs is prescribed in Art. 1142 of the Civil Code of the Russian Federation.

If the heir under the will does not belong to the first or second line of relatives, he is automatically deprived of the opportunity to claim his rights to the inheritance. He has only six months to restore the lost will.

Duplicate will

If the will has been lost, you can request that a duplicate be created. This document is created in two copies. One is kept by the person who is the owner of the property, and the other by the notary with whom he compiled it.

According to Article 52 of the Fundamentals of the Legislation of the Russian Federation on notaries, you can contact a notary with a request to create a duplicate of a lost will.

It is worth considering that this can only be done by the notary with whom the will was drawn up.

There is also such a type of this document as a closed will. It can only be stored in one copy and it is impossible to obtain a duplicate. If the heirs do not know about the will, it may remain unopened in the custody of a notary.

How to restore a will if it is lost

If the will has been lost, the following persons have the right to submit an application for its restoration:

• the one who made the will;
• trustee of the testator;
• heirs who claim property according to the will;
• executor of the will;
• an heir who has been refused a will.

Representatives of government agencies also have the opportunity to submit a request for a duplicate of a lost will. For example, they may be granted such a right if they defend the rights of a low-income heir.

What needs to be done to restore the will?

The procedure for restoring a will is as follows:

• it is worth making sure that the original will cannot be found;
• contact the local Notary Chamber or submit an application to the notary office at the place of residence of the testator;
• find out the address of the location of the will;
• write an application for a duplicate application;
• receive a copy of the will and declare your rights to part of the inheritance based on this document.

In the application to create a duplicate will, you must indicate the following information:

• name of the notary agency;
• information about who is submitting the application;
• document's name;
• the reason for petition;
• date of application and signature of the applicant.

Is it possible to restore a previous will?

While the testator is alive, no one has the right to dispose of his property without his consent. Moreover, he can draw up a completely new will with different conditions.

But such actions are not always carried out solely at the testator’s own will.

Relatives may doubt that the new will was drawn up with sound mind, full legal capacity and at the testator’s own will. In this case, they have the opportunity to:

• restore the first version of the will;
• challenge the new will in court.

In order to apply for reinstatement and receive a positive claim from judicial officials, solid reasons must be presented for this. In this case, the following situations may become evidence:

• medical reports, certificates from the PND;
• audio, photo or video materials;
• information received from detectives;
• expert opinions;
• witness statements.

If it is proven in court that the new will was drawn up with the assistance of fraudsters, it will automatically lose its legal force. Then the previous will comes into effect.

Lost will - can it be restored?

A will is a document that establishes and expresses the last will of a person. It is this document that allows you to enter into an inheritance and becomes the basis for starting this procedure.

In accordance with such an act, the distribution of all assets of the testator is carried out. Therefore, the significance of this document is difficult to overestimate. However, there are situations when it is lost. This can happen by someone's intention or as a result of a random coincidence of events. In any case, the successor has nothing to prove his rights with.

What to do if an inheritance will is lost?

If the will is lost, then only a notary can help in this situation. This is the key figure in all inheritance legal relations. Only this person is empowered to draw up the last will, announce the contents of the document and perform other important legal actions.

He must be informed that the deceased’s order has been lost. You must report that it has been lost immediately after discovering this fact. In this case, you should contact the person who was involved in the execution of the last will. If it is impossible to establish or find it, then you should submit an application to the notary chamber of the region.

If your will is lost – where to turn?

There is a standard rule according to which an application for a duplicate order is made to the person who issued the lost paper. Since the last will order is drawn up by a notary, you should contact him.

The fact is that all actions performed by notaries are entered into a special register and in Russia there is a single database of all these actions.

How to restore a will if it is lost?

First of all, you need to indicate the documents for restoring the will . Preparation and submission of documents is important. Since if they are not collected completely, the issuance of a duplicate will be refused. This action may entail a violation of the deadlines for entering into the right to property.

Such papers include the following:

• A personal passport of the citizen who is applying is required;
• An application will be required. It should indicate the date the loss was discovered and the circumstances;
• A document certifying the death of the testator must be provided;
• The fact of family ties must be confirmed. Since a testamentary act can be drawn up in relation to any person. Therefore, the presence of such paper is not mandatory. After submitting the required papers, they are examined in the notary chamber and a duplicate is issued.

How to enter into an inheritance if the will is lost?

It should be remembered that there is a period of six months for entering into inheritance rights.

During this time, the person must have time to complete all actions and receive a certificate of entry into law from a notary. However, it is impossible to obtain such a certificate in the absence of an order.

Accordingly, it is required to restore the lost will within the specified six-month period.

After receiving the duplicate, you must obtain the above certificate. This is the final stage that completes the procedure for the successor to taking over the property of the deceased.

What to do if the will is lost and there is no death certificate?

The lost order of the deceased is restored on the basis of the death certificate of the testator.

It follows from this that a certificate confirming the death of the testator is mandatory to provide in the event of loss of the order. If this act is also lost, it should also be restored.

To do this, you need to contact the registry office with a reasoned statement. In this case, you must attach a copy of your passport and provide information about your relationship with the deceased.

At the registry office, after paying the fee, they will issue a duplicate of the above paper. The submitted copy must be presented to the notary to register a copy of the lost will.

What to do if a notary has lost a will?

For such cases, a database was created. Only representatives of the chamber and notaries themselves have access to it. Therefore, if lost, the process of searching for the document begins. To start searching for an order, you must contact the notary chamber of your region with a corresponding application.

The information contained therein and the attached papers will be verified. If there are grounds for issuing a duplicate, the chamber will prepare it and hand it over to the applicant.

To initiate the process of searching for a lost will, you need to apply to the appropriate authorities.

The content of the appeal must reflect:

• Personal data of all persons involved;
• Present the reasons for the appeal in a reasoned manner;
• Indicate who the deceased was to the applicant;
• Make links to specific articles of the law.

This statement is important. Since, on the basis of the submitted act, a search for an order will begin. Therefore, it must be completed in accordance with all the rules. They are established by the notary chamber and are universal for any region.

What to do if the will is lost - where and how to restore it

A will is a very important document, the loss of which is fraught with legal consequences. There can be many reasons for the loss, but that doesn't matter. A logical question is, if a will is lost, what should you do? We'll talk about this in the article.

A will is a one-sided transaction that generally requires notarization.

When registering, the testator contacts the notary office at the place of residence or location of the real estate.

In emergency situations, a will can be drawn up without the presence of a notary, but is certified by another authorized person - the chief physician, unit commander, submarine captain, etc.

The will is drawn up in a single or two copies, one of which is deposited with a notary. As a rule, this is a notary at the place of residence of the testator.

Is it necessary to restore the will?

The answer to this question depends on who discovered the loss and under what circumstances. If it was the testator himself, then he can contact a notary and make a duplicate of the document. In fact, he doesn’t need a will. The only situation when it may be required is the need to make adjustments.

If you want to revoke the will, you do not need the old document. It is enough to make a new will - it automatically cancels the previous act.

If the loss is discovered by the heir, then further developments will depend on whether the notary has kept a copy of the will or not. If you know where the document is kept and it has not been lost (for example, as a result of a fire), then there will be no problems with obtaining an inheritance. If there is no such information or the will is lost, then inheritance will occur according to law.

How to recover a lost will

Losing the original will, as already mentioned, leads to certain legal consequences. So, for example, if it is impossible to restore and obtain a duplicate, the inheritance will be divided according to the law, and this, as a rule, is not at all what the testator wanted. As a result, the intended successor under the will may be left with nothing.

So, let’s take a closer look at situations where a document is lost before and after the death of the testator.

If the testator is alive

When the testator himself loses his copy of the testamentary act, no problems will arise. He can come to the notary office where the document was originally drawn up and receive a duplicate.

However, going to a notary is not at all necessary. You can draw up a new will, which will replace the lost one. If a new document is drawn up, the old one automatically loses its legitimacy.

You can re-register a will at any notary office. It is not necessary to contact the same place where the lost document was compiled.

If the testator died

If, after the death of the testator, the heirs were unable to discover the will drawn up by him during his lifetime, then there is no need to worry and despair ahead of time. To begin with, you should contact the notary office at the place of residence of the testator or at the location of his real estate.

Even in a situation where the testator himself destroys the document, it will not be considered canceled if the procedure prescribed by law is not followed. The will will have legal force until the testamentary disposition is canceled or changed properly.

When potential heirs can guess where the testamentary disposition is located, it is worth going there first. In general, this can be absolutely any notary office. However, as a rule, the will is kept by the notary at the last place of residence of the testator or at the location of his real estate.

To begin investigative actions, you will need to write a statement addressed to the head of the Notary Chamber of your subject of the federation. The heir can do this personally or through a notary who has been in charge of the inheritance case since its opening.

The following documents are attached to the application:

• general passport;
• death certificate of the testator;
• a document confirming the degree of relationship between the applicant and the testator - this can be a marriage certificate, birth certificate or a certificate from the registry office.

Without the listed documents, the search, issuance or restoration of the will will be denied.

Difficulties often arise with documents confirming the degree of relationship. If more than 75 years have passed since the registration of the civil status act, you need to contact the regional archive. If you need to “dig deeper” to prove a family connection, then you should submit an application to the state archive. Information about all civil acts before 1918 is stored there.

Time limit for restoring a will

The will is executed on an indefinite basis. It cannot lose its legal force, even if the original itself has been damaged or lost. After registration of a testamentary disposition, information about it is entered into the Unified Notary Information System. This allows you to restore documents upon application at any time.

It is important to take into account the fact that the period for accepting an inheritance under a will is limited to six months from the date of death of the testator and can only be extended by a court decision. However, for the judiciary to make such a decision, compelling reasons are required.

If difficulties arise, contact a lawyer for advice. You can get free legal assistance on our website. Ask a question to an expert in a special window.

Now you know what to do if your will is lost. You shouldn’t put off the search and recovery procedure “on the back burner.” Otherwise, there is a risk of being left without an inheritance.

What to do if your will is lost? How to restore, get a duplicate?

Thanks to a well-executed expression of will, a citizen can inherit the benefits that belong to him to his loved ones. Thus, the testator guarantees a fair distribution of property between relatives and third parties.

The recipients, in turn, acquire rights on the basis of a legally executed document, which reduces the likelihood of disputes and claims of successors against each other. However, the paper may be lost. This will make life much more difficult for claimants of assets.

Therefore, it is important to know the nuances of the procedure for drawing up a declaration of will and the procedure for authorized persons to access it. So what if the will is lost?

Compilation and storage

An order is an official document that is formed and stored according to strictly established rules. However, this does not guarantee complete safety. An unpleasant situation may occur as a result of unlawful actions of heirs who consider the text of the paper to be incorrect, force majeure circumstances (fire, flooding, etc.).

Important! According to Art. 1124 of the Civil Code, the order is classified as a unilateral transaction requiring notarization. The owner of the goods must contact a lawyer at the place of registration or at the location of the objects. Sometimes it is allowed to draw up a deed without certification by a notary office. It also acquires the same force as a document signed in accordance with Art. 1124 (Article 1127 of the Civil Code of the Russian Federation).

In addition to the notary, the following officials have the right to certify the text: the head physician of a medical organization; captain of the ship; commander of a military unit; head of the institution of the Federal Penitentiary Service.

At the same time, the order does not remain in the custody of designated persons.

As soon as possible, the deed is sent to the notary’s office, which is assigned to the zone to which the testator’s place of residence belongs.

The order is generated in several copies. Each of them remains with the party involved in the transaction. As a rule, they are a notary and a will-maker.

What to do if the will is lost?

As already noted, the disappearance of paper may be due to deliberate manipulation by interested parties or to unforeseen circumstances. In addition, the negligence of the compiler plays a role in some cases.

To enter into inheritance rights, you need to find a document. Six months are given for this from the date of the death of the manager. In addition, during the recovery period, successors should take active steps to obtain assets. These include the formation of a statement of acceptance of values, as well as the use of property for the actual acquisition.

Is it possible to get a duplicate and where should I go?

If claimants to the property of the deceased cannot find the order, then they should contact the office that is handling the case. The lawyer is authorized to issue copies of the act. Their production is carried out on the basis of Art.

52 of Law No. 4462-1, approved by the Supreme Court of the Russian Federation. In this case, the strength of the duplicate will be equal to the original.

To obtain a will in this way, two conditions will need to be met: the presence of a second copy of the order and its storage with a notary.

Obtaining a duplicate can be done:

• the testator who discovered the loss during his lifetime;
• successors at the opening of the inheritance;
• legatee (third parties in whose favor certain actions are envisaged on the part of the recipient of benefits);
• executor (executor).

Important! Until the death of the asset owner, no one has the right to claim a duplicate. The fact is that this contradicts Art. 1123 of the Civil Code, which establishes the need to maintain secrecy.

• Question:
• Do I need any paperwork to obtain a copy of the order?
• Answer:

When loved ones contact a notary’s office, the lawyer requests a number of documents confirming their rights. Thus, persons who have visited the notary will have to take care of having an application for a copy, a passport, a document confirming the death of a relative, a certificate of the relationship between the applicant and the deceased (obtained from the registry office or the State Archives).

How to make a new will?

A citizen who has documented his last will has the right to change or cancel the text at any time. If you discover a loss of paper, you can create another one. For this purpose, in accordance with Art. 1130 of the Civil Code of the Russian Federation, the testator must contact a lawyer and carry out the procedure again. It will repeal the provisions of the previous act. The latter occurs when such a need is reflected in a fresh expression of will.

Otherwise, a number of provisions of the outdated order will continue to apply, which will introduce confusion into the inheritance order.

How can I restore a document using the Unified Information System?

Sometimes potential successors have information that their relative left a will. At the same time, the storage location and office data may be unknown.

The search should begin with the residence of the deceased. You need to carefully inspect the apartment (house).

If the original or a duplicate executed during life is missing, then you will need to visit notaries operating at the place of residence of the deceased.

These actions may not bring results, since there is no guarantee that the deceased kept the will at home or gave a duplicate to the office. In this case, it is advisable to turn to the Unified Notary System - a unified notary system.

After restricting access, the data became available only at the request of authorized persons (Article 1123 of the Civil Code of the Russian Federation).

The data uploaded to the register allows you to quickly find the place where the transaction was concluded, as well as prevent illegal activities of disseminating false statements of will.

To obtain information, beneficiaries need to contact a lawyer and provide him with documents.

The official will send a request, thanks to which the successors will receive an idea of ​​the time of formation of the lost act and its registration number.

If the person authorized to make requests refuses this to the applicant, then the latter should be asked to submit the decision in writing. The answer will become the basis for starting a trial. The defendant in the process will be the body that created obstacles to the realization of the rights and interests of the citizen or another relative.

How to prove that the last will of the deceased was influenced by third parties?

Often, the person who drew up the order is influenced by unscrupulous claimants for assets. Most often this happens when the owner of the goods has mental disorders.

Thus, according to the law, it is the last version of the order that will be recognized as legally valid.

Therefore, if there is information about illegal actions against the will-maker, you need to obtain appropriate evidence and present it to the court. These include:

• medical report on violations that do not allow a person to make decisions independently and (or) give an account of their actions;
• witness statements;
• audio and video materials;
• expert opinions.

Important! The plaintiffs may be the successors indicated in the earlier versions of the order, the prosecutor's office, and other persons interested in the fairness and legality of inheriting the assets of the deceased.

What to do if the act was never found?

If the relatives did not cope with the task of finding a disposition or did not want to do this, then the division of property will take place in order of priority according to the law. The procedure is established by Ch. 63 Civil Code.

Sometimes applicants refuse benefits altogether or ignore messages about the death of a loved one. Then the values ​​acquire the status of escheat and become state property (Article 1151 of the Civil Code of Russia).

1. Question:
2. If the executor lost the will or deliberately destroyed it, will the distribution of things take place in order of priority among the legal heirs?
3. Answer:

The loss or destruction of paper at the personal whim of the testator does not lead to any legal consequences without recording these actions by a notary. Without an official cancellation of the order, the office will have a current version of the document. According to it, the transfer of values ​​to the beneficiaries will take place.

Conclusion

Thus, the loss of a will does not entail the loss of the successors' rights to receive things inherited by the deceased. The deed can be restored by requesting a copy from a notary. In addition, applicants often find the text themselves at the place of residence of the deceased. One way or another, the procedure for making a duplicate is clearly regulated by law.

If a will is lost, what to do - how to restore it?

Losing a will happens frequently. This happens as a result of malicious actions of unscrupulous heirs, and due to force majeure circumstances, such as fire or flood.

You should not despair in this situation, because the will can be restored.

A will is considered a notarial document, and for any notarial document there is a rule that, if necessary, a duplicate is issued to the interested person.

Who is the heir?

The heirs are the persons listed in the will, if one has been drawn up.

In case of his absence, heirs from relatives will be called up according to the order of law (Article 1141 of the Civil Code of the Russian Federation):

1. The primary heirs are the children, spouses, father and mother of the testator.
2. In the 2nd order are sisters and brothers, paternal and maternal siblings, as well as half-siblings; parents of parents are in the same category.
3. In the 3rd line are aunts and uncles from both parents.
4. The 4th and 5th stages are great-grandparents, great-grandparents, cousins, and great-aunts.
5. 6th, 7th and 8th line - the remaining relatives - great-great-grandchildren, nephews, uncles of the cousin's aunt.
6. Then come the stepdaughter, stepson, stepparents (stepfather and stepmother), and disabled dependents.

Each of these groups receives by law or by will what is due to them from the inheritance in a certain order.

If there are no first-line heirs, then second-line relatives will be called upon to inherit; if there are no second-line relatives, third-line relatives become heirs, and so on.

Entry into rights

The process of accepting an inheritance is carried out in two ways:

1. Register an inheritance with a notary.
2. Through the court, if for some reason the notary refuses to issue a certificate of title to inherited property.

The easiest way to enter into an inheritance is within six months after the death of the testator. This period is determined by law for accepting the inherited property.

After a six-month period, restoration of the rights of an heir is possible only through the courts. Relatives who do not want to share the inheritance or compete with the state in cases where there are no relatives will have to be summoned to court.

Each of the heirs must come to the notary twice:

1. The first time with an application for entry into inheritance and documents for registration.
2. The second time for the purpose of accepting the inheritance and a package of documents for its further registration.

An inheritance case is usually opened with a notary at the place of residence of the deceased.

The result of notarial actions for registration of inherited property will be the issuance of a certificate of right to inheritance.

Here is a sample certificate of inheritance.

After the inheritance trial, the legal document for the inheritance will be the court decision.

What to do if your will is lost?

If your will is lost, your lawyers will tell you what to do in this case.

If you are sure that there was a will in your name, but you have not found it, you need to take measures to restore the document.

Sometimes this is simple when there is a notary who executed the will. The second copy is kept by him. But if the notary is no longer there, then the matter takes a serious turn.

How to recover?

How to restore a will if it is lost and there is no way to use a second copy? This question is relevant for many.

You should know that this can only be done on the basis of the Unified Information System of the Notary of the Russian Federation. An integral part of this resource is the register of wills, to which notaries from all over Russia submit information.

The system began functioning on July 1, 2018 on a full scale. But an ordinary citizen cannot use it himself.

The resource administrator grants the right to access information only to a certain circle of persons, including:

• notary chambers;
• notaries.

Notary chambers receive full information upon request; notaries can only find out whether a particular will exists in the registry.

To restore the will, you should contact the Notary Chamber of your city and write applications addressed to its President with a request to search for the will.

To do this, you must attach the necessary documents to your application:

• document confirming the death of the testator;
• papers confirming the relationship with the testator.

These actions can be performed by a notary, but the application must be written by the heir himself. It is written by a notary and the applicant’s signature is certified by him.

Procedure

Anyone who has lost a will should strictly adhere to the deadlines for restoration and contacting a notary with an application to enter into inheritance.

If the six-month period is missed, the testator’s property may go to other heirs according to the principle of inheritance by law or state.

Contacting a notary

If the death certificate of the testator is not in the hands of the heir, it must be obtained from the Registry Office in the form of a copy.

Then you should put in order the documents about the relationship with the deceased. If there are none, then the notary where the second copy of the will is kept must refuse to issue a duplicate will. It must be in writing.

The original will can only be replaced by a duplicate issued by the notary who opened and conducted the inheritance case.

If the registry office refused to receive copies of documents, you should also take a written refusal.

You must go to court to restore your rights to inheritance on the basis of a statement of claim and written refusals received.

In court, the defendants in your claim will be:

• relatives who do not want to see you as an heir;
• or the state, if relatives according to the law were not found.

In order for your arguments in court to be indestructible, stock up on medical documents proving that the testator wrote a will in your favor in his right mind and without coercion.

Testimony from witnesses that the testator intended to leave you an inheritance will help during the proceedings.

Required documents

The original will can only be replaced by a duplicate issued by the notary who opened and conducted the inheritance case.

To issue a duplicate, a notary may require a package of documents:

1. Application for the issuance of a duplicate from a person who claims to inherit and has information that property has been bequeathed to him.
2. Documents about relationship, which can be submitted in photocopies and confirmed with originals. For example, a birth certificate, where the testator is indicated as your father (mother), a marriage certificate. In case of loss of documents proving relationship with the testator, they must be requested from the Registry Office. They are stored there for a long time. If more than 75 years have passed since the registration of the event in the Civil Registry Office, then you should contact the archive of regional significance, before 1918 - the State Archive.
3. Personal passport of the person claiming the inheritance.

If a will is lost, what should you do?

A will is a document on the basis of which the heirs can accept the inheritance in accordance with the will of the testator. If there is no original (duplicate), then the procedure for distributing the inheritance occurs according to law.

A will is a document that establishes and expresses the last will of a person.

This document allows you to enter into inheritance and becomes the basis for starting this procedure.

The loss of a will happens often, this happens both as a result of malicious actions of unscrupulous heirs, and due to force majeure (fire, flood).

What to do if your will is lost

If the will is lost, only a notary can help. This is the key figure in all inheritance legal relations. This person is empowered to draw up the last will, announce the contents of the document and perform other important legal actions. The notary must be informed that the order of the deceased has been lost.

It is necessary to report that it is lost immediately after discovering this fact. You should contact the person who prepared the last will. If it is impossible to establish or find it, then you should submit an application to the notary chamber of the region. All actions performed by notaries are entered into a special register.

In Russia there is a unified database of all these actions (unified notary information system), i.e. information about the order that is lost will be stored in such a database. Based on this information, the applicant will receive a duplicate.

A notary is a key figure in all inheritance legal relations.

Unified Notary Information System (UISN)

This system began to function in 2014. The main task is the creation of electronic registers, including those on notarial acts and inheritance matters. Systematization of information allows you to search for the place of registration of documents in the shortest possible time and prevent the spread of false wills.

In order for potential heirs to obtain information about where the testator executed the will, it is necessary to contact a notary with documents proving the identity of the heir, the death of a relative and evidence of family ties.

Only after the fact of opening the inheritance is the information provided:

•  information about the owner of the distributed property,
•  time of making the will,
•  registry number.

Procedure in case of loss of a will

A citizen who has lost a will should strictly adhere to the deadlines for restoration and contact a notary with an application to enter into inheritance.

If the six-month period is missed, the testator's property may go to other heirs according to the principle of inheritance by law or state.

Contacting a notary

If the heir does not have a death certificate of the testator, it must be obtained from the Registry Office in the form of a copy. Then you should put in order the documents about the relationship with the deceased; if there are none, then the notary (where the second copy of the will is kept) must refuse to issue a duplicate will. It must be in writing.

The original will can only be replaced by a duplicate issued by the notary who opened and conducted the inheritance case.

If the Registry Office refuses to receive copies of documents, you should take a written refusal.

Regarding the restoration of inheritance rights, you need to go to court, based on the statement of claim and the written refusals received. The fact of deception or fraud can be established in court by presenting a number of evidence:

1.  doctor’s conclusions about violations that impede independent decision-making; testimony of hospital staff, nurses,
2.  information recorded on electronic media: audio recordings of conversations, video recordings,
3.  expert opinions.
4. Applicants for the inheritance indicated in the earlier version of the document can apply to the court, prosecutors or other interested parties.

In court, the defendants in the lawsuit will be:

1.  relatives who do not want to see you as an heir,
2.  or the state, if relatives according to the law were not found.
3. The original will can only be replaced by a duplicate issued by the notary who opened and conducted the inheritance case.

The notary may require a package of documents to issue a duplicate:

1.  an application for the issuance of a duplicate from a person who claims to inherit and has information that property has been bequeathed to him,
2.  documents on kinship, which can be submitted in photocopies and confirmed with originals,
3.  personal passport of the person claiming the inheritance,
4.  death certificate of the testator, if the heir has one.

Let's start with whether it is necessary to carry out the recovery procedure:

If the loss is noticed by the testator	If the presumptive heir notices the loss
If the testator knows that the notary has a second copy, then there is no need to make a duplicate, because the testator will not need a will. If the heir is replaced, it is enough to simply draw up a new will, which will automatically cancel the old one	After the death of the testator, if the notary has kept a copy of the will and it is known which notary it was drawn up, then there will be no problems with receiving the inheritance. If there is no information about who has the second copy of the will, then it will be difficult to obtain an inheritance

How to enter into an inheritance if a will is lost

There is a period of six months for entering into inheritance rights. During this time, the person must have time to complete all actions and receive a certificate of entry into law from a notary. In the absence of an order, it is impossible to obtain such a certificate. Accordingly, within the specified six-month period it is required to restore the lost will.

After receiving a duplicate, you must obtain this certificate. This stage completes the procedure for the successor to taking over the property of the deceased.

If the six-month deadline is missed , the testator's property may go to other heirs.

What to do if the will is lost and there is no death certificate?

Based on the death certificate of the testator, the lost disposition of the deceased is restored. A certificate confirming the death of the testator is required to be provided in case of loss of the order. If this act is also lost, it should also be restored.

To do this, you need to contact the registry office with a reasoned statement. In this case, you must attach a copy of your passport and provide information about your relationship with the deceased. The registry office will issue a duplicate of the above paper.

The submitted copy must be presented to the notary to register a copy of the lost will.

Consequences of losing a document

If a will is lost, the notary always retains a second copy. To obtain it, you must contact the same notary with whom the will was drawn up, only if the notary can be found, otherwise the consequences may not be the most cordial. Without a copy of the will, it will be difficult for the heir to inherit.

What to do if the will is lost?

A lost will must be restored before the expiration of the period for entering into inheritance - six months from the date of death of the testator. If six months have already passed, you will need to go to court and prove that the reasons for the delay are valid. You can make a duplicate of a lost will from the notary who certified it.

To re-receive a will, you will need to prove your relationship with the testator and submit the application correctly. If you have any questions about this procedure or have already received a refusal, please consult a specialist in inheritance issues. A qualified lawyer will analyze your situation in detail and tell you how to act correctly.

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How to recover a lost will

If a lost will is registered with a notary, it cannot be irretrievably lost. There is definitely a copy of it. All testamentary documents are contained in the Unified Notary Information System (UISN).

All cases of wills that were previously kept by the notaries themselves in accordance with the Rules of Notarial Office Work are entered into this database.

That is, even if you lost your will, signed before the introduction of the Unified Individual Taxpayer System in 2014, it is there.

To find a will and get a duplicate of it, you need to contact the notary who executed the document.

If you do not know who exactly did this, you need to make a request about the will to the city, district or regional notary chamber.

Moreover, it is not necessary to go there in person - any notary can make a request in case of loss of a will.

Next, you need to visit the found notary and submit an application to him for a duplicate of the will with a package of documents:

• proof of your identity;
• death certificate of the testator;
• confirmation of relationship with the testator.

The last point may be difficult. If you are not the next of kin of the deceased, you will need to provide the entire chain of birth, marriage and name change certificates. For example, if you are a grandchild, these will be the birth certificates of you and your father or mother (son or daughter of the deceased).

If the surnames do not match somewhere (for example, your mother changed hers), you will also need evidence of the reasons for this. If you do not have the necessary certificates, they will have to be restored in the Civil Registry Office (Cregistry Office) or archives.

Ideally, you need to have time to make a request and restore the lost will within six months from the date of death of the testator. After this period, the inheritance will be distributed in the general manner without taking into account the will. This can only be challenged in court. In some cases, the statute of limitations can be up to 10 years.

Once it is lost, restoration is no longer possible. The chance that the court will recognize the testimony of witnesses as sufficient grounds for transferring the inheritance to a citizen who has lost his will is minimal.

If it was not possible to restore a lost will within six months

Six months after the death of the testator, the inheritance case is terminated and the notary begins to distribute the property in accordance with the Civil Code (CC). Article 1142 of the Civil Code prescribes that it should first be transferred to the children, spouses and parents of the deceased. Next come brothers and sisters, grandchildren and more distant relatives.

If it was only possible to make a duplicate of the lost will at this point, legal proceedings are inevitable. It will be necessary to explain the reasons for the delay and convincingly prove their validity. It is worth preparing evidence that:

• you did not know about the death of the testator (for example, the explanations of a notary who could not contact you will do);
• you were physically unable to appear and make a duplicate will (you were sick, on a business trip, or doing military service);
• you tried to make a duplicate will, but received refusals for a long time (both from the registry office and from the notary);
• any authorities delayed the consideration of your applications (marks about the acceptance of applications will do).

All this is necessary for the court to extend the legal period for entering into inheritance and reconsider the case, taking into account the will.

Please note that you may also receive counterclaims from other heirs. They can challenge the terms of the will itself, the fact that the testator is of sound mind. They may even try to recognize you as an unworthy heir under the will. In all these cases, a reasonable solution would be the help of a specialized lawyer.