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 Minnesota Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that serves as evidence of the circumstances of the loss of a will and the lack of intent to revoke it. It is used in situations where the original will cannot be located, potentially due to misplacement, destruction, or any other unknown factors. This declaration is critical for individuals who wish to prove the existence of a valid will when the original document cannot be presented. It helps ensure that the last wishes and intentions of the deceased are correctly carried out, offering a solution when the original will is unavailable. There are two main types of Minnesota Declarations of Circumstances of Lost Will and Lack of Revocation: 1. Affidavit of Circumstances of Lost Will and Lack of Revocation: This type of declaration is typically used when the testator (the individual who made the will) is deceased, and their will cannot be located. The affidavit is prepared and signed by someone who has knowledge of the will's existence and its loss. This document outlines the circumstances of the loss and attests that the testator did not intend to revoke the will. 2. Declaration of Circumstances of Lost Will and Lack of Revocation for Living Persons: In situations where the testator is alive and their will is lost, this type of declaration is used. It can be completed by the testator themselves or by someone on their behalf, providing details regarding the loss of the will and reaffirming that they did not intend to revoke it. Keywords: Minnesota, Declaration of Circumstances of Lost Will, Lack of Revocation, legal document, evidence, last wishes, deceased, testator, affidavit, living persons.
