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 Mexico Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses the situation where a will has been misplaced, lost, or destroyed, and there is no evidence of revocation. This declaration is crucial for individuals in New Mexico who are facing challenges regarding the absence of a valid will due to unforeseen circumstances. When drafting a New Mexico Declaration of Circumstances of Lost Will and Lack of Revocation, it is essential to include the following key elements: 1. Heading: Begin the document with a title that clearly states "New Mexico Declaration of Circumstances of Lost Will and Lack of Revocation" to ensure a precise identification of the legal matter at hand. 2. Identification of the Testator: Provide the full legal name and relevant personal information of the deceased individual (referred to as the testator) in order to establish his or her identity clearly. Include the date of birth, date of death, and last known address. 3. Detailed Account: Provide a comprehensive account of the circumstances leading to the loss, misplacement, or destruction of the original will. Mention any known details regarding how, when, and where the will was last seen, as well as any attempts made to locate it. This section aims to provide a clear narrative of events. 4. Lack of Revocation: Assert that there is no evidence of revocation by the testator at any point during his or her lifetime. Demonstrate that the testator did not intentionally revoke or invalidate the will or create a subsequent will that would supersede the lost document. 5. Diligent Search Efforts: Explain the diligent efforts made to locate the misplaced will. This may involve reaching out to family members, attorneys, financial institutions, or safe deposit box providers who may have information regarding the location of the will. 6. Affidavits and Statements: Include affidavits or statements from individuals who can attest to the existence and content of the lost will. These individuals might include witnesses, family members, or professionals who were involved in the creation or execution of the original will. 7. Proposed Copy or Draft of the Will: Attach a proposed copy or draft of the lost will if available. If this is not possible, make a comprehensive description of the provisions, beneficiaries, executors, and any specific bequests mentioned in the lost document based on the recollection of those involved. 8. Legal Consequences: Highlight the potential legal consequences of not having a valid will in place, such as intestacy laws determining the distribution of assets which may not align with the testator's intentions. 9. Request for Court Validation: Conclude the declaration by requesting that the court validate the lost will as the testator's last will and testament and take the necessary actions to ensure its execution. Different types of New Mexico Declarations of Circumstances of Lost Will and Lack of Revocation may arise based on specific circumstances. For example, there could be variations when dealing with lost holographic wills, notarized wills, or wills that were last seen in a safe deposit box. However, the core elements listed above would still be relevant in these cases.
