Form PA13 UK: Report a Lost Will for Probate
We're not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.
When someone dies and the original signed will cannot be located, the probate process becomes considerably more complicated. HM Courts and Tribunals Service needs to be satisfied that the missing document has not simply been destroyed by the person who made it, because destruction by the testator is one of the legal ways a will can be revoked.
Form PA13 is the questionnaire the Probate Registry uses to gather the background information it needs before deciding whether a copy, draft, or reconstructed version of the will can be admitted to probate. If you are an executor facing this situation, the form asks for a detailed account of what happened to the original, who held it, and what steps you have taken to find it. Getting the answers right matters, because the registry will rely heavily on your responses when deciding how to proceed.
What this document is
Form PA13 is the standard questionnaire issued by the Probate Registry for use when an original will has gone missing and the personal representatives still want to apply for a grant of probate. It is sometimes called the 'lost will questionnaire' and sits alongside the main probate application, not in place of it.
The form exists because the common law presumption, set out in cases going back over a century, is that if a will was last known to be in the possession of the person who made it and cannot be found after their death, it is presumed to have been destroyed by them with the intention of revoking it. To rebut that presumption, the applicants need to give the registry a full account of the circumstances.
PA13 provides a structured way to set out that account. The registry uses your answers to decide whether to allow the application to proceed on the basis of a copy or reconstruction, and may ask for supporting affidavit evidence before issuing any grant.
How to use this document
- Gather everything you know about the will. Before you start filling in PA13, collect whatever evidence you have: copies of the will, drafts from the solicitor who prepared it, correspondence mentioning where it was kept, and statements from anyone who saw or held it. This background will shape every answer you give on the form and the registry will weigh it carefully.
- Complete each section with care and detail. Work through the questionnaire methodically, giving full names, dates, and addresses where asked. If a question calls for an explanation, do not leave it short. The registry is trying to build a picture of what happened to the original, and vague or one-line answers will usually trigger follow-up queries that delay the grant.
- Document your search efforts. The form asks what enquiries you have made to trace the will. List each step you took: contacting the solicitor who drafted it, searching the deceased's home and papers, checking with banks for safe deposit boxes, writing to the National Will Register, and asking family members. Keep records of these searches.
- Address the presumption of revocation head on. If the will was last held by the person who has died, you will need to explain why you believe they did not destroy it deliberately. Evidence such as recent references to the will, its location being known to others, or circumstances suggesting accidental loss will all help the registry consider your position.
- Submit the form with your probate application. Send PA13 to the Probate Registry alongside your main application, any copy or draft of the will you are relying on, and supporting statements. Be ready for the registry to request an affidavit of plight and condition or further witness evidence before a grant is issued.
Common questions
Q What happens if the original will cannot be found?
If the original cannot be located, the executors can still apply for probate but must satisfy the Probate Registry that the will was not revoked by the person who made it. Form PA13 is the questionnaire used to gather that information. The registry may then allow the application to proceed on the basis of a copy, a draft from the solicitor's file, or a reconstruction, often with supporting affidavit evidence.
Q Does the registry always presume a missing will was destroyed?
The presumption only applies where the will was last known to be in the possession of the person who made it. If it was held elsewhere, for example by a solicitor, bank, or professional executor, the presumption does not apply in the same way. PA13 asks about who held the will for this reason, and the answers help the registry decide how strong any presumption of revocation is in your case.
Q Can I use a photocopy of the will if the original is lost?
A photocopy or draft can sometimes be admitted to probate, but only with the registry's permission. You will need to complete PA13 setting out the circumstances and explain why you believe the will was not revoked. The registry may require further evidence, such as statements from the witnesses or the solicitor who prepared it, before allowing the copy to stand in place of the original.
Q Who should complete Form PA13?
The person named as executor in the will, or the person who would be entitled to apply for probate if the will is admitted, should complete the form. Where there are multiple executors, the one leading the application typically fills it in, though others may need to provide supporting statements. Professional advisers sometimes help draft the answers to ensure nothing important is left out.
Q How long does the process take when a will is lost?
A probate application involving a lost will almost always takes longer than a standard application, because the registry needs time to review the questionnaire and any supporting evidence. Further queries, requests for affidavits, or referrals to a district judge can add weeks or months. The exact timeframe depends on how complete your initial submission is and how straightforward the circumstances appear.
Q Is there a fee for submitting Form PA13?
PA13 itself does not carry a separate fee, but the underlying probate application fee still applies, and additional costs may arise if the registry requires affidavit evidence or if you instruct a solicitor to help. Check gov.uk for the current probate fees, as these are reviewed periodically and vary depending on the value of the estate.
Q What if I find the original will after submitting PA13?
If the original turns up after you have sent in PA13 but before a grant has been issued, you should tell the Probate Registry straight away and submit the original with your application. If a grant has already been issued on the basis of a copy and the original is later found, the position is more complicated and you should take advice before doing anything further.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm PA13: Lost will questionnaire (gov.uk)gov.uk
- Guidance · UK GovApplying for probate (gov.uk)gov.uk
- Guidance · UK GovHM Courts and Tribunals Servicegov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.