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 Georgia Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document used in cases where a valid will cannot be located or has been lost and there is no evidence of revocation. This declaration aims to provide a detailed account of the circumstances of the lost will and lack of revocation, ensuring transparency and facilitating the probate process. Keywords: Georgia Declaration, Circumstances, Lost Will, Lack of Revocation, Legal Document, Valid Will, Located, Evidence, Transparency, Probate Process. Types of Georgia Declaration of Circumstances of Lost Will and Lack of Revocation: 1. Georgia Declaration of Circumstances of Lost Will: This type of declaration is used when a will was in existence and known to have existed but cannot be found. It requires the interested party to thoroughly describe the circumstances of the loss or disappearance of the will. This could include information about the last known location of the will, any potential witnesses, and any efforts made to locate it. 2. Georgia Declaration of Circumstances of Lack of Revocation: In cases where a will cannot be located, but there is no evidence of its revocation, this type of declaration is utilized. It requires the interested party to provide a detailed account of all the steps taken to ensure the absence of any revocation. This may involve providing information about discussions with the testator, reviewing any relevant legal documents or correspondence, and contacting any individuals who may have knowledge of the will's revocation. 3. Georgia Declaration of Circumstances of Lost Will and Lack of Revocation: This type of declaration combines both scenarios — the will cannot be found, and there is no evidence of revocation. It necessitates a comprehensive description of the circumstances of the lost will and all efforts made to ascertain its existence or lack of revocation. This declaration may require more extensive details and supporting evidence to strengthen the case for the probate court. Overall, the Georgia Declaration of Circumstances of Lost Will and Lack of Revocation serves as a crucial legal tool in situations where a will's whereabouts are unknown and there is no evidence to suggest its revocation. It helps establish a clear record of the circumstances of the lost will, ensuring that the probate process is conducted fairly and in compliance with Georgia law.
