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 Indiana Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, or simply the Lost Will Declaration, is a legal document that verifies the authenticity and validity of a copy of a will when the original will has been lost or misplaced. This declaration serves as a means to ensure that the wishes and intentions of the deceased individual are properly represented and upheld. Keywords: Indiana, Declaration of Authenticity, Lost Will, Original Will, Copy, Authenticity, Validity, Legal Document, Misplaced, Verification, Deceased, Wishes, Intentions, Representation. Types of Indiana Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will Declarations: 1. Simple Lost Will Declaration: This type of declaration is used when the original will is lost, but a copy exists. It establishes the authenticity and validity of the copy and allows for its submission in probate court proceedings. Keywords: Simple, Lost Will, Copy, Probate Court, Proceedings. 2. Lost Will Declaration with Witness Testimony: In cases where the original will is lost, and no copy can be found, this type of declaration involves witness testimony to affirm the contents and authenticity of the lost will. It provides a legal avenue to prove the existence and intentions reflected in the lost will. Keywords: Witness Testimony, Original Will, Lost Will, Authenticity, Testimony, Intentions, Legal Avenue. 3. Lost Will Declaration with Presumptive Evidence: When there is no original will or a copy available, this type of declaration involves presenting presumptive evidence to establish the authenticity and validity of the lost will. It requires providing substantial evidence, such as testamentary intent, credible witnesses, or other documentation, to support the existence and contents of the lost will. Keywords: Presumptive Evidence, Authenticity, Validity, Lost Will, Testimony, Testamentary Intent, Credible Witnesses, Documentation.
