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 Kentucky Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document used in the state of Kentucky to address situations where a will is misplaced or lost, and there is no evidence of revocation. This declaration is designed to provide a detailed account of the circumstances of the missing will and to establish that the testator did not intend to revoke or alter its provisions. In Kentucky, there are two main types of declarations related to lost wills and lack of revocation: the Declaration of Circumstances of Lost Will and the Declaration of Circumstances of Lack of Revocation. While both types serve a similar purpose, they are used in slightly different scenarios. The Declaration of Circumstances of Lost Will is utilized when the original will cannot be located, and there are concerns about its validity and potential revocation. This declaration outlines the efforts made to locate the will and provides supporting evidence, such as witness statements or correspondence, to establish that the testator did not intentionally destroy or revoke the will. On the other hand, the Declaration of Circumstances of Lack of Revocation is employed when a will is found or produced but lacks specific language revoking a previous will. This declaration is used to demonstrate that the testator intended to preserve the previous will's provisions and did not revoke it through the creation of a new will. To draft a comprehensive Kentucky Declaration of Circumstances of Lost Will and Lack of Revocation, several relevant keywords should be included throughout the document. These keywords may include: 1. Kentucky will law 2. Lost will declaration 3. Will revocation 4. Testator's intent 5. Will validity 6. Probate process 7. Witness statements 8. Will preservation 9. Unintentional revocation 10. Original will search It is important to consult with an experienced attorney specializing in estate planning and probate law when preparing a Kentucky Declaration of Circumstances of Lost Will and Lack of Revocation. Legal professionals can provide the necessary guidance and ensure that all essential elements are included in the declaration to protect the testator's wishes and facilitate the proper handling of the estate.
