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.
Keyword: Mississippi Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will Description: The Mississippi Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, also referred to as the Lost Will declaration, is a legal document used in Mississippi to establish the validity and authenticity of a copy of a lost will when the original will cannot be located. This declaration serves as evidence to the probate court that the copy of the lost will accurately represent the deceased person's intentions and should be treated as a valid testamentary document. In cases where an original will has gone missing, it is crucial to have a legally accepted copy in order to distribute assets according to the deceased person's wishes. The Lost Will declaration contains various details and requirements to ensure its effectiveness and to avoid any fraudulent claims. The Mississippi Declaration of Authenticity of Copy of Lost Will consists of the following key components: 1. Declaratory Statement: This part of the declaration clearly states that the purpose of the document is to validate the copy of the lost will as a substitute for the original will, which cannot be located. 2. Identification of the Deceased: The declaration includes detailed information about the deceased person, such as their full legal name, date of death, and place of residence at the time of death. 3. Description of the Lost Will: This section provides a thorough description of the missing original will, including its date of execution, the names of witnesses, and any other distinguishing features that could aid in its identification. 4. Explanation of Loss: Here, the person submitting the Lost Will declaration must explain the circumstances of the loss of the original will, ensuring transparency and establishing that reasonable efforts have been made to locate it. 5. Authenticity Affirmation: The declaration requires a sworn affirmation from the person submitting it, asserting that the copy of the lost will is a true and accurate representation of the original document. 6. Witness Affirmation: To further validate the declaration, the testimony of at least two disinterested witnesses is often required. These witnesses must confirm that they are familiar with the copy of the lost will and believe it to be genuine. It is important to note that this description is a general overview and that the specific requirements and procedures for the Mississippi Declaration of Authenticity of Copy of Lost Will When Original Will is Lost may vary depending on the jurisdiction and circumstances of each case. Alternate Names or Types: 1. Mississippi Lost Will Affidavit 2. Mississippi Affidavit of Lost Will 3. Mississippi Affidavit of Copy of Lost Will 4. Mississippi Declaration of Lost Will Authenticity 5. Mississippi Declaration of Lost Will Replacement 6. Mississippi Lost Will Verification Declaration.
