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.
Title: Understanding the Kansas Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will Keywords: Kansas Declaration of Authenticity, Copy of Lost Will, Original Will is Lost, Lost Will Introduction: The Kansas Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, commonly referred to as the Lost Will, is a legal document that helps authenticate a photocopy or duplicate of a will when the original will is irretrievably lost. This declaration serves as proof of the copy's validity and ensures that the testator's intentions are carried out as intended. In Kansas, there are specific types of Declarations of Authenticity for different scenarios. Let's explore these variations below: 1. Kansas Declaration of Authenticity — Lost Original Will: This type of declaration is used when the original will, executed by the testator, is lost or cannot be found. It provides a formal process to ensure the authenticity and enforceability of a copy or duplicate will. 2. Kansas Declaration of Authenticity — Mutilated, Damaged, or Destroyed Original Will: Sometimes the original will may have been damaged, mutilated, or accidentally destroyed, making it impossible to submit it for probate. In such cases, this type of declaration is utilized to validate a copy or duplicate will as a substitute. 3. Kansas Declaration of Authenticity — Missing Original Will: When the whereabouts of the original will are unknown, but there is evidence that it was executed by the testator, this declaration is employed to guarantee the legal recognition of a lost will's copy. 4. Kansas Declaration of Authenticity — Incomplete or Partially Destroyed Original Will: In instances where only fragments or incomplete portions of the original will are available, this type of declaration helps establish the genuineness of a copy or duplicate of the will to ensure its rightful administration. Process: To initiate the Kansas Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, interested parties must follow a set procedure: 1. Filing the Declaration: The interested party, usually the executor or a person named in the will, must file the declaration along with the copy or duplicate of the missing original will at the appropriate Kansas probate court. This initiates the validation process and sets the legal machinery in motion. 2. Required Information: The declaration must include details such as the testator's name, date of execution of the original will, explanation of when and how the original will was lost, evidence of the will's execution (such as witness statements, notary acknowledgments), and a clear statement confirming that the attached copy is an accurate representation of the original will. 3. Review and Approval: The probate court will thoroughly review the declaration and accompanying evidence to determine the validity and authenticity of the copy. The court may request additional documentation or witness testimony if deemed necessary. 4. Publication Notice: Upon approval, a publication notice may be required to inform interested parties, such as heirs and beneficiaries, about the submission of the copy of the lost will. This notice gives them an opportunity to contest the authenticity or raise any objections. Conclusion: The Kansas Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will is a crucial legal mechanism that allows copies or duplicates of missing original wills to be recognized, probated, and executed according to the testator's intentions. It is essential to comply with the specific rules and procedures outlined by the Kansas state laws to ensure a smooth and accurate administration of an estate when faced with the loss of the original will.
