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.
Keywords: Massachusetts Declaration of Authenticity, Copy of Lost Will, Original Will is Lost, Lost Will, Types The Massachusetts Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, commonly referred to as the "Lost Will Declaration," is a legal document that addresses the situation when the original will of a deceased person is lost or missing. This declaration is essential to verify the authenticity of a lost will's copy and ensures it can be used for legal purposes. There are two primary types of Massachusetts Declaration of Authenticity of Copy of Lost Will When Original Will is Lost: 1. Formal Lost Will Declaration: This version is used when the original will cannot be located despite diligent efforts to find it. It requires the interested party, such as the executor or a potential beneficiary, to provide an in-depth explanation of the circumstances of the loss of the original will. They must also present a certified copy of the lost will, which should be authenticated and notarized by a relevant authority. The declaration must then be signed, notarized, and submitted to the appropriate probate court. 2. Informal Lost Will Declaration: In cases where the lost will's copy lacks a self-proving affidavit, the informal declaration is utilized. It serves as an alternative when a formal lost will declaration cannot be obtained due to specific reasons. This type of declaration usually requires testimony and supporting evidence from witnesses who are familiar with the deceased person's intent and the contents of the lost will. It should be submitted to the probate court along with any supporting documentation or evidence. The Massachusetts Declaration of Authenticity of Copy of Lost Will When Original Will is Lost is crucial for resolving legal matters related to an estate when the original will goes missing. By providing a certified copy and explaining the circumstances, interested parties can establish the authenticity of the lost will, ensuring that the intentions of the deceased are preserved and carried out according to their wishes.
