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 Authenticity of Copy of Lost Will When Original Will is Lost, commonly known as the Lost Will Declaration, is a legal document that establishes the validity of a copy of a will when the original document is inaccessible or lost. This declaration serves as proof that the copy accurately represents the deceased person's intentions, thereby ensuring that their final wishes are respected and adhered to. When an individual passes away, the original will is typically given to a designated executor or custodian for safekeeping. However, circumstances may arise where the original will cannot be located due to misplacement, destruction, or other unforeseen events. In such cases, Missouri law provides a solution through the Lost Will Declaration. The Lost Will Declaration must follow specific guidelines and requirements to be considered valid. It is crucial to prepare this document accurately and with the utmost care to ensure its credibility in legal proceedings. Complying with the formalities outlined in Missouri statutes is essential, including proper witnessing and notarization. Different types or variations of the Missouri Declaration of Authenticity of Copy of Lost Will When Original Will is Lost may include: 1. Missouri Declaration of Authenticity of Copy of Lost Will for Testate Estates: This type of declaration is utilized when the deceased individual left a legally valid will, but the original document has gone missing. The declaration serves to affirm the authenticity and accuracy of a copy of the lost will. 2. Missouri Declaration of Authenticity of Copy of Lost Will for Intestate Estates: When someone who has passed away did not leave a will, their estate is distributed according to Missouri's intestacy laws. However, if a copy of a will emerges after the person's death, an intestate estate may be converted into a testate one through this declaration. It authenticates the copy as the deceased's true intentions, effectively changing how the estate should be handled. 3. Missouri Declaration of Authenticity of Copy of Lost Will When Original Will is Found: In some instances, the original will that was initially declared lost may suddenly resurface. This variation of the declaration is used to revoke any previous declarations made regarding the lost will. It confirms the reemergence of the original document and reinstates its validity as the primary testamentary instrument. The Missouri Declaration of Authenticity of Copy of Lost Will When Original Will is Lost is an essential legal tool that ensures fairness and accuracy in the distribution of a deceased person's assets and estate. It offers a solution during challenging situations when the original will cannot be located, providing peace of mind to both the deceased's family and the probate court.
