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 Jersey Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses situations where the original will has been misplaced, lost, or destroyed, and no evidence of its revocation exists. This declaration serves to provide a detailed account of the circumstances of the missing will, allowing for the distribution of the deceased person's estate according to their intentions. Keywords: 1. New Jersey: Refers to the specific jurisdiction where this legal document is applicable, namely the state of New Jersey in the United States. 2. Declaration: Indicates that this document is an official statement made with legal authority. 3. Circumstances: Describes the particular situation or events surrounding the lost will and lack of revocation. 4. Lost Will: Refers to a will that has been misplaced or cannot be located, potentially due to unintentional or unknown actions. 5. Lack of Revocation: Signifies the absence of any legal actions taken to revoke or invalidate the will. 6. Legalities: Refers to the laws and regulations governing wills, estates, and probate in New Jersey. 7. Estate Distribution: The process of dividing and allocating the deceased person's assets and properties among their beneficiaries as outlined in the will. 8. Deceased Person: Refers to the individual who has passed away and whose will is missing. 9. Intestate: The legal term used when a person dies without a valid will, requiring the distribution of their assets according to state laws. 10. Heirs or Beneficiaries: Individuals who are entitled to receive the deceased person's assets and properties according to the provisions of the lost will. Types of New Jersey Declaration of Circumstances of Lost Will and Lack of Revocation: 1. Affidavit of Lost Will: A type of declaration used to attest to the loss or destruction of the original will. 2. Affidavit of Lack of Revocation: A declaration used to affirm that the lost will was not revoked by the deceased, providing supporting evidence that no subsequent will or revocation exists. 3. Supplemental Affidavit for Missing Will: A supplementary declaration that provides additional information or clarifies certain aspects about the lost will and its circumstances. 4. Notice to Interested Parties: A notification sent to all individuals with a potential interest in the estate, informing them of the missing will and lack of revocation, and providing an opportunity for involvement in the probate process. It is important to consult with a legal professional or an estate planning attorney in New Jersey to ensure the proper preparation and execution of the New Jersey Declaration of Circumstances of Lost Will and Lack of Revocation, as the specific requirements and procedures may vary.
