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.
Ohio Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document used in the state of Ohio to address situations where the original will of a deceased individual cannot be located or the revocation of a previous will is questioned. This declaration helps to establish the circumstances of the loss of the will and provide evidence of the deceased's intentions regarding the distribution of their assets. In Ohio, there are two primary types of Declarations of Circumstances of Lost Will and Lack of Revocation: 1. Ohio Declaration of Circumstances of Lost Will: This type of declaration is used when the original will of the deceased individual has been lost, misplaced, or destroyed and cannot be located despite diligent efforts to find it. The declaration will outline the efforts made to find the will, such as contacting family members, examining safe deposit boxes, consulting with attorneys, and searching the deceased's residence. It will also include supporting evidence to prove the validity and contents of the lost will, such as copies, drafts, or testimonies of witnesses who had knowledge of the will or its provisions. 2. Ohio Declaration of Circumstances of Lack of Revocation: This type of declaration is utilized when the validity of a previous will is questioned because of an alleged revocation. It provides a detailed account of the circumstances of the lack of revocation, demonstrating that the deceased did not intentionally revoke the will or create a new one. The declaration may include evidence such as witness testimonies, correspondence, or other documents showing the deceased's intentions to keep the will in effect. By filing a Declaration of Circumstances of Lost Will and Lack of Revocation in Ohio, the interested parties can legally establish the existence and contents of the lost will or demonstrate the lack of revocation. This allows the court to consider the lost will as a valid document for the purposes of probate and distribution of the deceased's assets according to their stated wishes. It is important to consult with an attorney experienced in estate planning and probate law to properly draft and file the Ohio Declaration of Circumstances of Lost Will and Lack of Revocation. This will ensure compliance with Ohio state laws and maximize the chances of a successful outcome in probate court.
