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.
Title: Understanding the Pennsylvania Declaration of Circumstances of Lost Will and Lack of Revocation Introduction: The Pennsylvania Declaration of Circumstances of Lost Will and Lack of Revocation is an important legal document used in situations where a will has been misplaced, lost, or destroyed. This declaration enables individuals to provide a detailed account of the circumstances of the lost will and affirm that the testator did not intentionally revoke it. In Pennsylvania, several types of declarations exist based on specific scenarios. This article will discuss the different types of declarations and the relevant keywords associated with them. 1. Pennsylvania Declaration of Circumstances of Lost Will: The Pennsylvania Declaration of Circumstances of a Lost Will is filed when the original will cannot be located, and no copies exist. This declaration requires a thorough description of the circumstances of the loss or destruction of the will. Relevant keywords for this type of declaration include lost will, missing will, misplaced will, declarations, and Pennsylvania law. 2. Pennsylvania Declaration of Circumstances of Lost Copy of Will: When the original will is missing, but a copy is available, individuals can file a Pennsylvania Declaration of Circumstances of a Lost Copy of Will. This declaration demands a detailed explanation of how the original will copy got lost, misplaced, or destroyed. Keywords for this type of declaration include copy of the will, misplaced copy, lost copy, missing original, declaration requirements, and Pennsylvania probate. 3. Pennsylvania Declaration of Circumstances of Revoked Will: In situations where the will was intentionally revoked by the testator, the Pennsylvania Declaration of Circumstances of Revoked Will is filed. This declaration aims to provide evidence that the revocation was not intended by the testator, suggesting potential undue influence, coercion, or mental incapacity. Keywords related to this type of declaration include revoked will, intention to revoke, testamentary capacity, undue influence, and Pennsylvania probate process. 4. Pennsylvania Declaration of Circumstances of Ineffective Revocation: Delving into circumstances where the testator unsuccessfully attempted to revoke their will, the Pennsylvania Declaration of Circumstances of Ineffective Revocation is used. This declaration requires a detailed account of the alleged revocation attempts and provides evidence of their ineffectiveness. Relevant keywords include ineffective revocation, failed revocation, attempted revocation, lack of proper execution, and errors in revocation statements. Conclusion: The Pennsylvania Declaration of Circumstances of Lost Will and Lack of Revocation serves an essential role in ensuring fairness during probate proceedings when wills are missing or allegedly revoked. Familiarity with the different types of declarations and the associated keywords allows individuals to fully comprehend the legal intricacies of their specific situation. Seeking professional legal guidance is always recommended navigating the complexities of Pennsylvania probate law effectively.
