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 York Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that pertains to the probate of a lost will in the state of New York. This declaration is a crucial tool that helps establish the legitimacy of a lost will and proves that the testator did not revoke it during their lifetime. The declaration provides a detailed account of the circumstances of the loss of the will, including when it was last seen, the steps taken to locate it, and any relevant information regarding its contents. It serves as a testimony to the testator's intentions and ensures that their final wishes are honored, even if the will cannot be physically produced. There are various types of New York Declarations of Circumstances of Lost Will and Lack of Revocation, each specific to different situations and scenarios. These may include: 1. Lost Will Declaration: This type of declaration is used when the original will is misplaced or lost, and a copy or draft of the will is submitted for probate. The declaration attests to the diligent efforts made to locate the original will and asserts that the testator did not intend to revoke or alter its provisions. 2. Destruction/Cancellation Declaration: If the testator intentionally destroyed or canceled the original will, a different type of declaration is required. This declaration explains the circumstances leading to the destruction or cancellation of the will, establishing that it was not done with the intention of revoking the will. 3. Inadvertent Revocation Declaration: In some cases, a testator may have mistakenly taken actions that might be interpreted as revoking their will. An inadvertent revocation declaration clarifies these accidental or unintentional acts and confirms that the testator did not intend to revoke the will. 4. Fraud or Undue Influence Declaration: If there are concerns about the authenticity of the will or suspicions of fraud or undue influence on the testator, a declaration alleging these circumstances can be filed. This type of declaration provides evidence and supporting documentation to challenge the validity of any will purport to be the testator's final wishes. Regardless of the specific type, all New York Declarations of Circumstances of Lost Will and Lack of Revocation play a crucial role in ensuring fairness and justice in probate proceedings. They help protect the testator's intent, provide a legal framework to settle disputes, and offer guidance for the courts to determine the appropriate distribution of assets according to the alleged lost or revoked will.
