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 Florida Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that provides a detailed description of the situation where a will has been lost or misplaced and the lack of evidence of its revocation. This declaration is necessary to establish the validity of a will that cannot be physically presented. In Florida, there are different types of Declarations of Circumstances of Lost Will and Lack of Revocation, such as: 1. Formal Declaration: This type of declaration is filed with the court and involves a detailed explanation of the circumstances of the loss or misplacement of the will. It may include information about when and where the will was last seen, efforts made to locate it, and any potential reasons for its disappearance. 2. Affidavit of Lost Will: This affidavit is a sworn statement by a person with knowledge of the whereabouts of the will. It includes information about the testator, details about the will, and an explanation of how it was lost or became unavailable. The affidavit serves as evidence to support the validity of the will in the absence of the original document. 3. Petition for Order of Summary Administration and Lost Will: This type of petition is filed when the testator's estate qualifies for summary administration, which is a simplified probate process. The petition requests the court to accept a lost or misplaced will as the valid last will of the deceased, despite its absence. Keywords: — Florida DeclaratiocircumstanceseFNGng Lost Will — Lacrevocationio— - Lost Will Affidavit — Formal Declaration of LosWillil— - Petition for Order of Summary Administration and Lost Will — Validity of LosWillil— - Misplaced Will in Florida — Evidencrevocationio— - Probate Process in Florida — Testator's Estate
