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 Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will is a legal document that provides a solution when the original will of a deceased person is misplaced or lost. It establishes the authenticity and validity of a copy of the lost will. In New Mexico, there are different types of declarations of authenticity of copy of lost will, depending on the circumstances and requirements. These include: 1. New Mexico Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Self-Proving Will: This type of declaration is used when the original will was self-proving, meaning it was signed by the testator and witnesses in the presence of a notary public. The declaration affirms the authenticity of the copy of the self-proving will and its validity as the lost original. 2. New Mexico Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Witnessed Will: This type of declaration is used when the original will was witnessed by two or more individuals but not notarized. The declaration provides evidence to establish the authenticity of the copy of the witnessed will and verifies its validity as a substitute for the lost original. 3. New Mexico Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Holographic Will: This type of declaration is used when the original will was a holographic will, entirely handwritten and signed by the testator. The declaration asserts the authenticity of the copy of the holographic will and confirms its legitimacy as a replacement for the lost original. Regardless of the type, the New Mexico Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will serves the purpose of ensuring that the copy of the lost will is recognized as legally binding and fulfills the testamentary wishes of the deceased. It requires the execution of an affidavit or declaration under penalty of perjury, along with supporting evidence such as witnesses' affidavits or testimony to validate the authenticity of the lost will's copy. This legal process provides clarity and certainty in cases where the original will is lost or cannot be located, offering a means to administer the deceased's estate according to their intended desires.
