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 District of Columbia Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that provides a detailed account of a lost will and the absence of any revocation. This declaration establishes the facts surrounding the unfortunate loss of a will and confirms that the testator did not intentionally revoke it. By using relevant keywords, we can delve deeper into the different types and aspects of this declaration. 1. Purpose of the Declaration: The District of Columbia Declaration of Circumstances of Lost Will and Lack of Revocation serves several purposes. It aims to clarify the circumstances of the disappearance of a will, attest to the genuine intentions of the testator, and ensure the proper distribution of assets according to their wishes. 2. Lost Will: In cases where a will cannot be located, this declaration is used as evidence to substantiate its existence and contents. It outlines the efforts made to locate the will and explains the circumstances under which it went missing. These may include incidents such as natural disasters, theft, or accidental destruction. 3. Lack of Revocation: The declaration further confirms that the testator did not intentionally revoke the lost will. It emphasizes that the testator had not created a subsequent will revoking the previous one or engaged in any actions indicating an intention to cancel or alter their testamentary wishes. 4. Burden of Proof: The declaring must present substantial evidence to support the claims made in the declaration. This could include testimonies from witnesses, previous drafts or copies of the lost will, correspondence, or any other relevant documentation that helps establish the will's existence and the absence of revocation. 5. Types of District of Columbia Declaration of Circumstances of Lost Will and Lack of Revocation: a. Joint Declaration: This type of declaration is signed by multiple individuals who were familiar with the testator's intentions, had knowledge of the lost will's contents, or can attest to the testator's lack of revocation. b. Affidavit of Attesting Witnesses: In the absence of the testator, if the witnesses who were present during the will's execution are available and can provide a detailed account of its contents, execution, and affirm the lack of revocation, this affidavit can be used. c. Warship Declaration: If no witnesses are available, a warship declaration may be necessary. This document outlines the testator's heirs-at-law, their relationship to the decedent, and provides supporting evidence of the lost will's contents and lack of revocation based on other relevant documents. 6. Filing and Legal Proceedings: Once the declaration is properly prepared and signed, it must be filed with the appropriate court in the District of Columbia. The court will scrutinize the evidence presented and may schedule a hearing to determine the validity of the lost will and its revocation. It is essential to follow the specific filing requirements and procedures established by the District of Columbia probate court. In summary, the District of Columbia Declaration of Circumstances of Lost Will and Lack of Revocation is a crucial legal document used to address situations where a will is lost or cannot be located. By providing a thorough description of the circumstances, efforts to locate the will, and establishing the lack of revocation, this declaration supports the preservation of the testator's testamentary desires and facilitates the proper distribution of their assets.
