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 Montana Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, also known as the Lost Will Declaration, is a legal document used in the state of Montana to establish the validity and authenticity of a copy of a lost will when the original cannot be located. This declaration serves as evidence that the copy represents the true intentions and wishes of the deceased. Key features and information included in the Montana Declaration of Authenticity of Copy of Lost Will When Original Will is Lost: 1. Purpose: The primary purpose of this declaration is to validate the authenticity of a copy of a will when the original document has gone missing, ensuring that the deceased's wishes are honored and fulfilled. 2. Identifying Information: The declaration will include the full legal name, date of birth, and date of death of the deceased person (testator), as well as their address at the time the will was created. 3. Executor/Administrator Details: The name, address, and contact information of the appointed executor or administrator responsible for handling the estate affairs will be provided. 4. Lost Will Circumstances: This section outlines the circumstances of the loss of the original will, including details of when and how it went missing. It may also require a statement verifying that the search for the original will has been conducted diligently but unsuccessfully. 5. Witness Testimonies: Any witnesses who can testify to the authenticity of the lost will's copy may be required to provide their statements and contact information. These witness statements strengthen the overall credibility of the copy. 6. Notarization: It is usually required to have the declaration notarized by a certified notary public to ensure its legality. Types of Lost Will Declaration in Montana: 1. Montana Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Individual: This type of declaration is used for a single individual's lost will, where the testator's personal details, circumstances, and witnesses' statements are included. 2. Montana Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Couple: In cases where both spouses or partners pass away or their wills go missing together, a couple's declaration is used. This declaration would typically include information and witness testimonies for both individuals. 3. Montana Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Multiple Testators: When multiple individuals' wills go missing simultaneously or collectively, a declaration that accommodates the details, circumstances, and witness statements of all the testators would be utilized. The Montana Declaration of Authenticity of Copy of Lost Will When Original Will is Lost is a crucial legal instrument that safeguards the intentions of the deceased and ensures their estate is distributed according to their wishes. Properly executed with relevant information, this declaration can provide peace of mind for all parties involved.
