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 Authenticity of Copy of Lost Will When Original Will is Lost, also known as the Lost Will Declaration, is a legal document that serves as proof of the authenticity and validity of a copy of a lost will when the original cannot be found. This document is crucial in situations where a decedent's will is misplaced, destroyed, or otherwise inaccessible, and it establishes the legal rights and intentions of the deceased individual. The Lost Will Declaration is designed to protect the interests of the testator and ensures that their wishes are respected and fulfilled even if the original will is lost. It provides a mechanism for beneficiaries, executors, and other involved parties to undertake probate proceedings and distribute the estate according to the copy of the lost will. When drafting the Kentucky Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, several key elements must be included to ensure its legal effectiveness: 1. Testator Information: The document should identify the decedent by their full legal name, date of birth, and date of death. Including their social security number is optional but can help establish their identity conclusively. 2. Statement of Lost Will: Clearly state that the original will is lost, destroyed, or otherwise unable to be located. This statement should declare that the copy being presented is an accurate reproduction of the lost will. 3. Source and Copy Verification: Include detailed information about how the copy of the lost will was obtained and certified to be a true and accurate reproduction. This may involve providing the name of the issuer of the copy, their relationship to the testator, and any witnesses who can attest to its authenticity. 4. Certification by Executor: If there is an appointed executor, they should sign and certify the Lost Will Declaration, confirming that they have reviewed the copy and believe it accurately represents the decedent's intentions. 5. Witness Statements: To further strengthen the document's validity, it is advisable to include statements from witnesses who either observed the creation of the original will or can attest to the decedent's testamentary capacity and the authenticity of the copy. The Kentucky Declaration of Authenticity of Copy of Lost Will When Original Will is Lost can be used in various circumstances, such as: 1. Lost Will in Natural Disasters: When a will is lost due to unforeseen events like fires, floods, or other natural disasters. 2. Accidental Loss or Misplacement: If a will is accidentally misplaced or lost due to human error. 3. Destruction of Will by a Third Party: In cases where a will is intentionally destroyed by someone other than the testator. By providing a legal framework for the authentication of a copy of a lost will, the Kentucky Declaration of Authenticity protects the rights of the deceased and helps ensure that their intended beneficiaries receive their rightful inheritance.
