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 North Carolina Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines specific circumstances of a lost will and the absence of its revocation. This declaration serves as a petition to the court, requesting that the lost will be treated as valid and eligible for probate. Keywords: North Carolina, Declaration, Circumstances, Lost Will, Lack of Revocation, legal document, petition, court, valid, probate. Different types of the North Carolina Declaration of Circumstances of Lost Will and Lack of Revocation may include: 1. Individual Petition: This type of declaration is filed by an individual who has reason to believe that a will exists but has been lost or misplaced, and wants the court to consider it as valid. 2. Joint Petition: In cases where multiple parties are involved, such as co-executors or beneficiaries, a joint petition may be filed to assert the circumstances of the lost will and lack of revocation. 3. Testamentary Petition: If the deceased person explicitly stated their intention to have a lost will treated as valid, this type of petition can be filed to request its probate. 4. Warship Affidavit: In situations where the deceased person did not leave a will, but an heir has reason to believe that a lost will exists, a warship affidavit can be submitted along with the declaration to establish their status as an heir and request the court to consider the lost will. 5. Affidavit of Credible Witnesses: If there are credible witnesses who can testify to the existence and contents of the lost will, an affidavit from these witnesses can be included in the declaration to provide additional evidence. It is important to consult with a qualified attorney or legal professional to understand the specific requirements and procedures for filing the North Carolina Declaration of Circumstances of Lost Will and Lack of Revocation, as they may vary depending on the individual case.
