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 Oregon Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that provides a detailed account of the specific situation involving a lost will and the absence of any revocation. This declaration serves as a testamentary instrument in the state of Oregon, outlining the circumstances of the missing will and confirming that the testator did not revoke the will before its disappearance. Below, we will explore various types of Oregon Declarations that relate to lost wills and lack of revocation, along with their respective characteristics. 1. Oregon Declaration of Circumstances of Lost Will: This type of declaration specifically addresses the circumstances of the loss of a will. It provides a comprehensive account of how the will was lost, ensuring that all relevant details are included. It may cover aspects such as dates, locations, and events leading up to the loss, as well as efforts made to locate the will. 2. Oregon Declaration of Circumstances of Lack of Revocation: In situations where the testator's will was lost, but there is a need to confirm that it was not revoked, the Oregon Declaration of Circumstances of Lack of Revocation is used. This declaration emphasizes that the testator did not intentionally cancel or nullify the will, either verbally or in writing, prior to its disappearance. It may include testimonies from witnesses or any previous documentation highlighting the testator's intention to preserve the will. 3. Combined Oregon Declaration of Circumstances of Lost Will and Lack of Revocation: Sometimes, a lost will case requires a combined declaration to document both the circumstances of the loss and the lack of revocation. This type of declaration covers all aspects addressed in the aforementioned declarations, providing a complete overview of the situation. It encompasses detailed information about the loss, as well as evidence supporting the absence of any intent to revoke the will. Regardless of the specific type, an Oregon Declaration of Circumstances of Lost Will and Lack of Revocation serves as a crucial legal instrument. It helps establish factual clarity and ensures all parties involved have a thorough understanding of the situation. This declaration aids in safeguarding the testator's original intent, playing a vital role in resolving legal matters relating to lost wills in the state of Oregon.
