The five requirements for probate of a lost will from Curley v Duff must be modified to account for section 18A of the Wills, Probate and Administration Act 1898, so that the fifth requirement is either evidence of due execution or evidence that the deceased intended the document to constitute his or her will. The proposition in Whiteley v Clune (No 2) that where a will makes a complete disposition and there are no circumstances pointing to probable destruction the presumption is so slight as not to exist does not mean the onus shifts to the opponent of probate to demonstrate probable destruction — that would effectively abolish the presumption in most cases. The common law rules for proof of contents of lost wills from Sugden v Lord St Leonards have been superseded by the Evidence Act 1995.
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