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 Missouri Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document used in the state of Missouri to address situations where a will has been lost or misplaced and no revocation of the will has been made. This declaration provides detailed information and explores the specific circumstances of the lost will and the lack of revocation. When a person passes away without a valid will or if their will cannot be located, it can create confusion and complications when it comes to distributing their assets and carrying out their wishes. In such cases, the Missouri Declaration of Circumstances of Lost Will and Lack of Revocation serves as an essential tool to establish the validity of the lost will and ensure that the decedent's intentions are honored. Key elements covered in the declaration include: 1. Identification and description of the lost will: The declaration provides specific details about the lost will, such as the date it was executed, its contents, and any known copies that may exist. This information helps establish the validity of the will and its importance in ensuring the rightful distribution of the decedent's assets. 2. Search efforts undertaken: The declaration outlines the diligent efforts made to locate the lost will. This may include contacting family members, searching the decedent's personnel files, contacting attorneys who may have assisted in the creation of the will, and any other relevant measures taken to locate the will. These efforts help establish that the loss of the will was genuine and signifies the importance placed on its discovery. 3. Lack of revocation evidence: The declaration explores the absence of any evidence demonstrating the decedent's intent to revoke or invalidate the lost will. This may include reviewing any subsequent wills, codicils, or other legal documents that could potentially indicate revocation, as well as interviewing witnesses who may have knowledge about the decedent's intentions regarding the will. The lack of revocation evidence strengthens the case for the lost will's validity. It is important to note that there are no specific variations or types of the Missouri Declaration of Circumstances of Lost Will and Lack of Revocation. However, different cases may have unique circumstances and details, resulting in variations in the content provided within the declaration. Legal professionals will tailor the declaration to suit the specific situation and include relevant keywords specific to the case at hand, such as the decedent's name, identifying details about the lost will, and individuals who may possess knowledge about its whereabouts. Overall, the Missouri Declaration of Circumstances of Lost Will and Lack of Revocation is a crucial legal document that ensures a thorough investigation into the circumstances of a lost will while aiming to honor the decedent's wishes. It offers a comprehensive account of efforts made to locate the will and emphasizes the lack of evidence supporting revocation, ultimately establishing a strong case for the recognition and execution of the lost will.
