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.
Idaho Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will Keywords: Idaho, declaration of authenticity, copy of lost will, original will, lost will Introduction: The Idaho Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, also known as the Lost Will Declaration, is a legal document that addresses the situation when the original will is lost or cannot be found. This declaration provides a framework for validating a copy of the lost will to ensure its authenticity and enforceability. In Idaho, there are different types of Lost Will Declarations to cater to various circumstances. Let's explore them further below: 1. General Lost Will Declaration: The General Lost Will Declaration in Idaho is applicable when the original will is genuinely lost. This type of declaration allows the executor or personal representative to submit a copy of the lost will to the court, attested by witnesses, and provide evidence of its authenticity. The court will then evaluate the declaration and determine the validity of the copy as a substitute for the original will. 2. Lost Will Declaration due to Destruction: If the original will is destroyed, either accidentally or intentionally, the Lost Will Declaration due to Destruction comes into play. In such cases, the person seeking to authenticate the copy of the lost will must present evidence of the circumstances of the destruction and demonstrate that it was not the testator's intent to revoke or destroy their will. The court will evaluate the evidence and decide its admissibility. 3. Lost Will Declaration due to Misplacement: When the original will cannot be located due to misplacement, the Lost Will Declaration due to Misplacement is used. This declaration requires the individual to provide a detailed account of the diligent search conducted to locate the original will. If there is substantial evidence proving that the testator did not revoke the will and the copy is authentic, the court may recognize the copy as a valid representation of the lost will. 4. Lost Will Declaration due to Unknown Circumstances: In rare cases where the testator's will is lost under mysterious or unknown circumstances, the Lost Will Declaration due to Unknown Circumstances may be utilized. This declaration is more complex as it usually involves extensive investigations or legal action to uncover the truth behind the disappearance of the original will. A thorough examination of the available evidence and testimony from relevant parties is crucial in determining the copy's authenticity and ensuring the testator's wishes are upheld. Conclusion: The Idaho Declaration of Authenticity of Copy of Lost Will When Original Will is Lost is essential for protecting the intentions of a testator when the original will cannot be located. By providing different types of Lost Will Declarations based on the circumstances of the loss of the will, Idaho ensures a fair assessment of the copy's authenticity and seeks to honor the testator's wishes to the best extent possible.
