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.
Keywords: New Jersey Declaration of Authenticity, Copy of Lost Will, Original Will is Lost, Lost Will The New Jersey Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, commonly referred to as the "Lost Will Declaration," is a legal document that serves as a substitute for the original will when it cannot be located. This declaration ensures that a copy of the lost will is legally valid and can be used for probate and estate administration purposes. The Lost Will Declaration is crucial in situations where the original will has been misplaced, destroyed, or cannot be found. It allows for a smooth transition of the estate and the carrying out of the deceased individual's wishes. When preparing a New Jersey Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, it is important to include the following key information: 1. Declaration of Loss: The declaration should clearly state that the original will is lost and cannot be located despite diligent efforts to find it. This helps establish the need for relying on a copy of the will. 2. Circumstances of the loss: It is essential to provide a detailed account of how the original will was lost. Whether it was destroyed in a fire, lost during a move, or misplaced, the circumstances should be accurately described. 3. Testator's Intent: The declaration should emphasize that the copy of the will being presented is an accurate representation of the testator's last wishes. This ensures that the copy is considered as legally binding as the original will. 4. Witness Statements: It is advisable to include sworn statements from witnesses, such as individuals who were present when the lost will was executed or individuals who have knowledge of its existence. These statements help establish the authenticity of the lost will. 5. Executor Statement: If an executor has been appointed in the lost will, their statement affirming the copy's accuracy and authenticity can strengthen its validity. Different types of New Jersey Declaration of Authenticity of Copy of Lost Will When Original Will is Lost could include variations based on individual circumstances, such as: 1. Declaration for Lost Will Due to Natural Disaster: Specifically addresses situations where the original will is lost as a result of a natural disaster like a flood, hurricane, or earthquake. 2. Declaration for Lost Will during Estate Administration: Used when the original will cannot be located during the process of estate administration. 3. Declaration for Mislaid Will: For cases where the original will has not been deliberately destroyed or lost but was accidentally misplaced and cannot be found. In conclusion, the New Jersey Declaration of Authenticity of Copy of Lost Will When Original Will is Lost is a crucial legal document that substitutes the original will when it cannot be located. An accurately prepared declaration that includes the necessary information helps ensure that the copy of the lost will is recognized as valid for probate and estate administration.
