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 Oklahoma Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses the situation where a will is lost or cannot be found, and there is no evidence of revocation by the testator. This declaration is crucial in providing a clear explanation of the circumstances of the missing will and serving as a means to proceed with the probate process. By detailing the specific circumstances, it aids in ensuring that the testator's intentions are carried out as accurately as possible. In the state of Oklahoma, there are different variations of the Declaration of Circumstances of Lost Will and Lack of Revocation. These may include: 1. General Declaration of Circumstances of Lost Will and Lack of Revocation: This is the most common type of declaration used when a will becomes lost or cannot be located. It entails a thorough description of the events and attempts made to locate the will, along with any relevant supporting evidence to establish the absence of revocation by the testator. 2. Spousal Declaration of Circumstances of Lost Will and Lack of Revocation: This specific type of declaration is utilized when the spouse of the deceased is involved in the probate process. It involves not only detailing the circumstances of the lost will but also highlighting any personal knowledge the spouse may have regarding the testator's intent and lack of revocation. 3. Witness Declaration of Circumstances of Lost Will and Lack of Revocation: In situations where witnesses were present during the creation of the will but are unable to locate the original document, this declaration is employed. Witnesses detail their recollection of the will's contents and affirm the testator's lack of revocation. The Oklahoma Declaration of Circumstances of Lost Will and Lack of Revocation is crucial in such cases to ensure a fair and just distribution of the testator's estate. It requires supporting evidence, statements, and recollections from relevant parties involved to establish the authenticity of the missing will and absence of any revocation by the testator.
