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 Oklahoma 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 situations where the original will of a deceased person cannot be located. This declaration serves as a substitute for the lost will and confirms the authenticity of a copy. By signing this document, the person making the declaration is attesting that the reproduced will accurately represent the contents of the original will. Key provisions within the Oklahoma Declaration of Authenticity of Copy of Lost Will When Original Will is Lost include: 1. Identification: The declaration starts by identifying the deceased individual, their date of death, and providing details about the lost will, such as the date it was executed and any witnesses involved. 2. Circumstances of Loss: The declaring must explain how the original will was lost or destroyed, providing a detailed account of the event if possible. This section helps establish the need for an alternative copy. 3. Authenticity of the Copy: Here, the declaring affirms that the attached copy is a true representation of the original will. They must state that the copy was obtained by a reliable means and is a faithful reproduction of the original. 4. Testamentary Capacity: The declaration includes a statement confirming that the testator (the person who made the will) had the required mental capacity when creating the original will. This ensures that the copy remains legally valid. 5. Witnesses: The declaration mandates the inclusion of a statement from two witnesses who can verify the authenticity of the copy. Their names, addresses, and signatures are typically required. Different types or variations of the Oklahoma Declaration of Authenticity of Copy of Lost Will When Original Will is Lost may exist, depending on specific circumstances or the preference of legal professionals. These could include variations for self-proving wills, holographic wills (handwritten wills), or unique situations involving multiple will copy. It is crucial to consult with an attorney who specializes in estate planning and probate matters to draft a comprehensive and legally binding Oklahoma Declaration of Authenticity of Copy of Lost Will When Original Will is Lost. Adequate legal advice ensures the proper execution of this document and compliance with the relevant laws and regulations in Oklahoma.
