The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Arkansas Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, commonly referred to as the "Lost Will Declaration," is a legal document used in Arkansas when the original will of a deceased person cannot be located. This declaration is necessary to validate the authenticity and legitimacy of a copy of the lost will. The Lost Will Declaration is crucial in situations where the original will was lost due to unforeseen circumstances such as fire, theft, or accidental destruction. It allows the court to consider a copy of the lost will as a valid testamentary document, ensuring that the deceased's final wishes are honored and proper estate distribution can take place. When drafting the Lost Will Declaration, certain keywords and phrases are essential to ensure clarity and legal compliance. These keywords include: 1. Arkansas: The Lost Will Declaration is specific to the laws and regulations of Arkansas state. It follows the guidelines outlined in the Arkansas Probate Code. 2. Declaration: The Lost Will Declaration serves as a formal declaration made by a competent individual, stating the circumstances of the loss of the original will and affirming the authenticity of the copy. 3. Authenticity: The Lost Will Declaration focuses on establishing the authenticity and validity of the copy of the lost will. This ensures that the court recognizes the copy as representative of the deceased person's true intentions. 4. Copy: The Lost Will Declaration addresses the fact that a replacement copy is being presented to the court. It emphasizes the importance of the copy being identical to the original will. 5. Lost Will: This term refers to the circumstances in which the original will is no longer available or accessible. It signifies the need for a legal procedure to validate a copy of the lost will. 6. Original Will: The Lost Will Declaration highlights the absence of the original will, emphasizing the importance of the copy as the primary evidence of the deceased's intentions. While there may not be different types of Lost Will Declaration within the context of Arkansas, it is crucial to accurately include the aforementioned keywords to create a thorough and coherent description of the document's purpose and significance.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
