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 Nebraska 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 Nebraska when the original will of a deceased person cannot be located. This declaration serves as proof of the authenticity and validity of a copy of the lost will. In Nebraska, there are different types of Lost Will Declarations that can be utilized depending on the circumstances: 1. Nebraska Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Testate Case: This type of declaration is used when the deceased person had a valid will in place before it went missing. It states the details of the lost will, such as the date it was executed, the testator's name, and the witnesses' information. The declaration should explain the efforts made to locate the original will and provide reasons for its disappearance. 2. Nebraska Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Intestate Case: In situations where the person died without a valid will, an intestate case occurs. This declaration is used to establish the authenticity and validity of a copy of the lost will, acting as evidence to ensure the deceased's wishes are upheld. 3. Nebraska Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Revoked Will Case: When the original will has been intentionally revoked by the testator, whether by destroying it or creating a new will, this type of declaration is employed. It reaffirms the authenticity of a copy of the revoked will, ensuring its legitimacy. Regardless of the type, a Nebraska Declaration of Authenticity of Copy of Lost Will When Original Will is Lost should provide comprehensive details about the testator, including their full legal name, date of birth, and date of death. It should also contain information about the lost will, copy, and any related circumstances. This legal document should be signed by the person who possesses the copy of the lost will, known as the proponent, in the presence of a notary public. The notary public acknowledges the proponent's signature, affirming the declaration's authenticity. In conclusion, the Nebraska Declaration of Authenticity of Copy of Lost Will When Original Will is Lost is a crucial document that ensures the proper administration of a deceased person's estate when their original will is no longer available. It provides legal proof of the copy's authenticity and is categorized into different types depending on the specific circumstances of the case, such as testate, intestate, or revoked will situations.
