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.
Title: Understanding the New Hampshire Declaration of Circumstances of Lost Will and Lack of Revocation Keywords: New Hampshire Declaration of Circumstances, Lost Will, Lack of Revocation, Probate Law, Testator's Intent, Probate Court, Estate Administration Introduction: The New Hampshire Declaration of Circumstances of Lost Will and Lack of Revocation pertains to situations where a will has been lost, destroyed, or cannot be located but was never explicitly revoked by the testator. This legal document plays a crucial role in guiding the probate court's decision on the distribution of assets according to the testator's intent. 1. New Hampshire Declaration of Circumstances of Lost Will: The New Hampshire Declaration of Circumstances of Lost Will involves situations where a testator's will cannot be found or is believed to be lost. This declaration helps establish the testator's intentions regarding the distribution of their assets and provides guidance for the probate court in administering the estate. 2. New Hampshire Declaration of Circumstances of Lack of Revocation: In cases where a will cannot be found, but there is no evidence of it being explicitly revoked by the testator, the New Hampshire Declaration of Circumstances of Lack of Revocation comes into play. This declaration helps prove that the testator did not intend to revoke their will, ensuring the proper administration of their estate. 3. Testator's Intent: The New Hampshire Declaration of Circumstances of Lost Will and Lack of Revocation aims to ascertain the testator's intent regarding the distribution of their property and assets. It involves presenting evidence, testimonials, and supporting documents to convince the probate court that the testator's wishes should be carried out, despite the absence of the original will. 4. Role of Probate Court: The probate court in New Hampshire plays a crucial role in interpreting and implementing the New Hampshire Declaration of Circumstances of Lost Will and Lack of Revocation. The court evaluates the available evidence, including witness statements, affidavits, and any other relevant documentation to determine the validity of the lost will and ensure proper asset distribution. 5. Importance of Estate Administration: The New Hampshire Declaration of Circumstances of Lost Will and Lack of Revocation is significant for the efficient and fair administration of an estate. Without this declaration, the assets of the deceased might be distributed according to the laws of intestacy, potentially deviating from the testator's intentions. Conclusion: The New Hampshire Declaration of Circumstances of Lost Will and Lack of Revocation serves as a crucial legal tool within the probate process. By presenting evidence of a lost will or lack of revocation, this declaration helps probate courts uphold the testator's final wishes and ensures a fair distribution of assets. Properly navigating this legal document is essential for anyone involved in the administration of an estate in such circumstances.
