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 New Hampshire Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, commonly known as the Declaration of Authenticity, is a legal document used in the state of New Hampshire to validate a copy of a lost will when the original will cannot be located. This declaration serves as a safeguard to ensure the legitimacy and authenticity of the copy. In situations where the original will is lost, it becomes crucial to establish the copy's veracity to prevent any disputes or fraudulent claims. The New Hampshire Declaration of Authenticity of Copy of Lost Will aims to bring clarity and certainty to the probate process. The declaration requires specific key elements to prove the authenticity of the copy of the lost will. These elements include: 1. Identification: The declaration must distinctly identify the lost will, including the testator's name, date of execution, and any available identifying details. 2. Circumstances of Loss: The declaration must outline the circumstances of the loss of the original will. This could involve explaining how the will was misplaced, destroyed, or unable to be located despite diligent efforts made to find it. 3. Copy's Contents: The declaration should verify that the presented copy is an accurate representation of the lost will's original terms, provisions, and any amendments. 4. Diligence in Searching: The declaring needs to describe the extent of the efforts taken to locate the original will. It may involve contacting individuals who could potentially be in possession of the will, such as family members, attorneys, or previous executors. 5. Witnesses and Testimony: The declaration may require the inclusion of testimonies from witnesses who can vouch for the copy's authenticity. These witnesses could be individuals who have seen the original will or have knowledge about its existence and content. Types of New Hampshire Declaration of Authenticity of Copy of Lost Will: 1. Individual Declaration: This type of declaration is signed and sworn by an individual who has personal knowledge of the lost will and its contents. The declaring must provide detailed information about the will's execution and loss, along with supporting evidence. 2. Joint Declaration: In certain cases, multiple individuals might have knowledge of the lost will due to their close relationship with the testator or involvement in the will's creation. A joint declaration is signed and sworn by these individuals collectively, ensuring consensus on the authenticity of the copy. The New Hampshire Declaration of Authenticity of Copy of Lost Will When Original Will is Lost plays a vital role in the preservation of testamentary intentions. It provides a legal framework to validate copies and ensures the testator's wishes are duly respected when the original will goes missing.
