If the will drafted by L exists only as a photocopy and the original cannot be found after X's death, what is the likely result?

• A. The will is presumed revoked.
• B. The will is valid as written.
• C. The will must be rewritten.
• D. The will cannot be probated.

Answer: (B)

When a will’s original document can’t be found after the testator’s death, it doesn’t automatically stop the will from being probated. Courts will allow secondary evidence to prove the will’s validity if the original is unavailable after diligent search and there’s no evidence of fraud or revocation. A accurate photocopy, supported by witnesses or a sworn statement that the will was properly executed, can be admitted to probate. If the photocopy accurately reflects the terms and there’s proper proof of execution and no revocation, the will stands and its terms are carried out. That’s why the likely result is that the will is valid as written.