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 Iowa Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses the circumstances of the loss of a will and the lack of any formal revocation. This declaration is crucial in situations where the original will cannot be located, and there is no evidence of any intentional revocation by the testator. By providing a detailed description of the circumstances, this declaration aims to authenticate the validity of the lost will and ensure its proper execution. In Iowa, there are two types of declarations that can be used in such scenarios: the Declaration of Circumstances of Lost Will and the Declaration of Circumstances of Lack of Revocation. Let's delve into each of these documents: 1. Declaration of Circumstances of Lost Will: This document is utilized when the original will is missing or cannot be found despite diligent efforts to locate it. The declaration sets out the specific circumstances of the loss of the will, such as the last known location, the date it was last seen, and any possible explanations for its disappearance. It may also include details of any copies or drafts of the will that might exist. In this declaration, relevant keywords could include: Iowa, lost will, declaration, circumstances, missing will, diligent efforts, last known location, disappearance, copies, drafts. 2. Declaration of Circumstances of Lack of Revocation: This type of declaration is employed when there is no evidence showing that the testator intended to revoke the will in question. It highlights the testamentary intent of the testator by providing details on the absence of any subsequent wills or codicils, lack of any formal revocation document, and lack of any actions by the testator that would indicate intent to revoke the original will. In this declaration, relevant keywords could include: Iowa, lack of revocation, declaration, circumstances, testamentary intent, subsequent wills, codicils, formal revocation document, intent to revoke, original will. In conclusion, the Iowa Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document used to explain the circumstances of the loss of a will and the absence of any revocation. It provides a detailed account of the situation in order to establish the validity of the lost will and ensure its proper execution.
