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 California Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document designed to address situations where a will cannot be found or has been lost, but there is evidence to support its existence and non-revocation. This declaration is crucial for individuals who have lost their original will or have concerns about its validity. Keywords: California, Declaration of Circumstances, Lost Will, Lack of Revocation, legal document, evidence, existence, validity. Types of California Declaration of Circumstances of Lost Will and Lack of Revocation: 1. General Declaration: This type of declaration is used when the original will has been misplaced, lost, or cannot be found. It allows the individual to provide a detailed account of the circumstances of the missing will and present any evidence or information that supports its existence. 2. Witnessed Declaration: In cases where the will was witnessed by one or more individuals, this type of declaration is utilized. It includes statements from witnesses who can attest to the existence and contents of the lost will, ensuring its legitimacy. 3. Notarized Declaration: If the lost will was notarized, a notarized declaration serves as a powerful tool to establish its authenticity. This type of declaration includes a statement from the notary public who verified the testator's identity and the signing of the will. 4. Family Declaration: When family members possess knowledge about the existence and contents of a lost will, a family declaration can be submitted. Family members can provide relevant details, such as the testator's intentions or any discussions they had regarding the will, strengthening the case for its existence. 5. Executor's Declaration: If the executor of the estate has knowledge of the lost will, an executor's declaration can be used. It outlines the executor's awareness of the will's existence, its contents, and the circumstances of its loss or misplacement. 6. Affidavit of Diligent Search: In situations where the testator's attempts to locate they will have been comprehensive and unsuccessful, an affidavit of diligent search can accompany the declaration. This affidavit reflects the efforts made to find the lost will, providing credibility. It is important to consult with an attorney who specializes in estate planning or probate law when dealing with a lost will. They can guide individuals through the process of completing the appropriate California Declaration of Circumstances of Lost Will and Lack of Revocation, ensuring all necessary details and evidence are included.
