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 Alaska Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses specific situations where a will has been lost or misplaced, and the testator did not revoke or renounce it before their death. This declaration provides crucial information regarding the circumstances of the lost will, ensuring that the testator's intentions are upheld and that their estate is settled accordingly. Key components of the Alaska Declaration of Circumstances of Lost Will and Lack of Revocation may include: 1. Testator's Information: The document typically starts with identifying details about the testator, such as their full name, residential address, and date of birth. 2. Lost Will Details: This section focuses on providing comprehensive information about the lost will, including the date it was executed, the names of witnesses who were present at the time, and any identifiable features or peculiarities that can help in its identification. 3. Testator's Intent: Here, the declaration highlights the testator's intent to create a valid will, acknowledging that the lost will accurately reflects their wishes and represents their final testamentary instructions. 4. Efforts to Locate the Lost Will: This section outlines the diligent efforts made to search for the lost will, such as contacting the testator's legal advisors, family members, and searching their personal records, safety deposit boxes, or any other likely locations where the will may be found. 5. Lack of Revocation: It is important to specify that the testator did not revoke or revoke their will in any manner before their death. This can be established by providing details of any other wills the testator created, stating that they are null and void, or incorporating any supporting evidence that attests to the testator's intention of keeping the lost will as their legally binding document. 6. Petition for Probate: In some cases, the declaration may include a petition for probate, requesting the court's approval to admit the lost will to probate despite its absence or unavailability. Different types or variations of the Alaska Declaration of Circumstances of Lost Will and Lack of Revocation may depend on specific circumstances or additional requirements imposed by the Alaska probate laws. However, the general purpose and content remain consistent in addressing the loss of a will and establishing its validity based on the testator's intent and lack of revocation.
