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 Circumstances of Lost Will and Lack of Revocation is a legal document that addresses situations where a will has been misplaced or cannot be located, and there is no evidence of its valid revocation. This declaration serves as a declaration of the circumstances of the lost will and the lack of revocation, providing clarity for the probate court and beneficiaries involved in the estate. Keywords: Arkansas, Declaration, Circumstances, Lost Will, Lack of Revocation, Legal Document, Probate Court, Beneficiaries Types of Arkansas Declaration of Circumstances of Lost Will and Lack of Revocation: 1. Arkansas Declaration of Circumstances of Lost Will: This type of declaration specifically focuses on the circumstances of a lost will in the state of Arkansas. It explains the efforts made to locate the will, provides details about when and how it was last seen, and any potential reasons for its disappearance. Additionally, it may include any supporting evidence or witness statements that can shed light on the existence and contents of the lost will. 2. Arkansas Declaration of Circumstances of Lack of Revocation: This type of declaration deals with situations where a will cannot be found, but there is no evidence or documentation to suggest that the testator has intentionally revoked the will. It outlines the efforts made to determine if a revocation took place, such as reviewing any other available wills or testamentary documents, communicating with witnesses, and researching the testator's intentions. This declaration is aimed at establishing that the will should still be considered valid, despite its absence. 3. Arkansas Declaration of Circumstances of Lost Will and Lack of Revocation: Combining elements from the previous two types, this declaration addresses situations where a will is lost or misplaced, and there is no evidence of revocation. It provides a comprehensive account of the circumstances of both the disappearance of the will and the lack of revocation, offering a complete overview for the probate court and interested parties. In conclusion, the Arkansas Declaration of Circumstances of Lost Will and Lack of Revocation is a vital legal document used to address the complexities arising from a lost will and uncertainty regarding revocation. It helps establish the intentions of the testator and provides guidance for the probate court in determining the distribution of assets and settling the estate in accordance with Arkansas state laws.
