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 Michigan Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines the specific situation when a will has been lost or misplaced and there is no evidence of its revocation. This declaration serves as an alternative method of proving the existence and validity of the lost will. In cases where a will cannot be located, the Michigan Probate Code allows for the use of a Declaration of Circumstances of Lost Will and Lack of Revocation as a means to ensure the deceased's intent is honored. This declaration can be filed in the probate court to establish the authenticity and contents of the lost will. The purpose of the Michigan Declaration of Circumstances of Lost Will and Lack of Revocation is to gather information about the circumstances of the loss of the will and present all available evidence to support its validity. This includes describing the contents of the lost will, identifying witnesses to the signing of the will, and providing any relevant details about its execution. It is important to note that there are different types or scenarios where this declaration may be applicable. These can include cases where the original will was accidentally destroyed, misplaced, or intentionally destroyed without proper revocation procedures. Each scenario may require a slightly different approach to the declaration, and the specific circumstances should be clearly stated in the document. By filing the Michigan Declaration of Circumstances of Lost Will and Lack of Revocation, interested parties, such as beneficiaries, heirs, or personal representatives, can present a strong case for the court to recognize the lost will as the true expression of the deceased's wishes. This declaration can provide a legal basis for probating the lost will, distributing the estate according to its terms, and ensuring fairness and justice in the process. Overall, the Michigan Declaration of Circumstances of Lost Will and Lack of Revocation is a vital tool in situations where a will has gone missing. Its purpose is to establish the existence and validity of the lost will, ensuring that the deceased's intentions are respected and carried out as per their wishes.
