13 August 2026

The Vicca Law Podcast

Season 3 Episode 28: Problems with the Will and What You'll Need to do for Probate

What happens if a Will is damaged, incomplete, incorrectly witnessed, or the original cannot be found?

In this episode, Lidia Vicca explains some of the most common problems that can arise when applying for probate in Queensland and how those issues may affect the process. From missing original Wills and damaged documents to unavailable executors and incorrectly executed Wills, this episode explores why seemingly small issues can create additional steps before a grant of probate can be obtained.

Lidia also explains how affidavits and additional court applications may sometimes be used to address defects and why having a professionally prepared and properly stored Will can help prevent unnecessary complications for executors and beneficiaries.

Common Questions Answered in This Episode

• What happens if the original Will cannot be found?
• Can you get probate with a copy of a Will?
• What happens if a Will has been damaged or unstapled?
• Does a Will need to be dated to be valid?
• What happens if a Will was not properly witnessed?
• Can marks or handwritten notes on a Will cause problems?
• What happens if the executor named in the Will has died?
• What happens if an executor does not want to act?
• What are letters of administration with the Will?
• How can you avoid probate problems with your Will?

Does someone owe you money? Your first step is demanding repayment! Download our FREE letter of demand template developed over 15 years of disputes practice: https://lidia-vicca.mykajabi.com/letter-of-demand

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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