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 Mississippi Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses situations where a will cannot be located or where there is doubt regarding its revocation status. This declaration allows individuals to provide evidence and explain the circumstances of the lost will and lack of revocation. It is crucial to understand the key components and types of this declaration for better comprehension. The Mississippi Declaration of Circumstances of Lost Will emphasizes the need for detailed information regarding the missing will. The declaration requires the individual to provide specifics such as the date of execution, the testator's name, the witnesses' identities, and the will's contents. Mentioning these vital details strengthens the case for its validity and establishes a solid foundation for the declaration. Moreover, the Lack of Revocation aspect in the Mississippi Declaration refers to situations where the testator's intent to revoke the will cannot be proven. It necessitates a comprehensive examination of any actions or events that could indicate revocation or modification through subsequent wills. This declaration allows individuals to provide facts and supporting evidence to dispute any claims of revocation or alteration. Various types of Mississippi Declarations can fall under the circumstances of a lost will and lack of revocation. Some notable ones include: 1. Mississippi Declaration of Lost Will: This type of declaration specifically addresses situations where the original will is misplaced or lost. It requires a detailed account of the last-known location, efforts made to locate the will, and any possible reasons for its disappearance. 2. Mississippi Declaration of Lack of Revocation by Physical Act: This declaration deals with scenarios where there is no evidence of physical destruction, mutilation, or alteration of the will. It allows individuals to describe any actions or circumstances that support the claim that the will was not intentionally revoked by physical means. 3. Mississippi Declaration of Lack of Revocation by Subsequent Will: In cases where another will emerges after the alleged revocation of the original will, this declaration becomes relevant. It requires individuals to outline the reasons why the subsequent will should not be considered as a revocation of the original will, potentially highlighting discrepancies or inconsistencies. In conclusion, the Mississippi Declaration of Circumstances of Lost Will and Lack of Revocation is a valuable legal document that addresses situations where a will cannot be located or suspicions regarding its revocation status arise. By providing specific and comprehensive information, individuals can present a strong case for the validity of the will or challenge any claims of revocation or modification. Within this category, different types of declarations, such as the Mississippi Declaration of Lost Will and the Mississippi Declaration of Lack of Revocation by Physical Act, serve varying purposes.
