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.
Rhode Island Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines specific situations where a will is lost and cannot be found or when the testator has failed to revoke their existing will. This declaration serves as evidence for the court to understand the circumstances of the lost will and lack of revocation. The primary purpose of the Rhode Island Declaration of Circumstances of Lost Will and Lack of Revocation is to establish the testator's intent and prevent fraudulent claims or disputes among potential beneficiaries. It provides a comprehensive account of the events leading to the lost will, the efforts made to locate it, and any evidence supporting its existence. In Rhode Island, there are different types of declarations related to lost wills and lack of revocation: 1. Declaration of Circumstances of Lost Will: This type of declaration is used when a will has gone missing or cannot be found. It includes details about when and where the will was last seen, the steps taken to locate it, statements from witnesses, and any relevant evidence that can support the validity and contents of the lost will. 2. Declaration of Circumstances of Lack of Revocation: This declaration is used when the testator has failed to properly revoke their existing will. It outlines the reasons for the lack of revocation, such as the testator's unawareness of the legal requirements, mental incapacity, or any other valid explanation. It may also include statements from witnesses or medical professionals supporting the testator's condition at the time of supposed revocation. When preparing a Rhode Island Declaration of Circumstances of Lost Will and Lack of Revocation, it is essential to include relevant keywords such as 'Rhode Island,' 'Declaration,' 'Circumstances of Lost Will,' 'Lack of Revocation,' 'testator,' 'beneficiaries,' 'validity,' 'evidence,' 'witness statements,' 'efforts to locate,' 'existence,' 'intent,' 'fraudulent claims,' 'disputes,' 'revoking a will,' 'missing will,' 'last seen,' 'medical incapacity,' 'legal requirements,' and 'testator's condition.' By including these keywords in the content, it becomes easier for someone searching for information related to Rhode Island Declarations of Circumstances of Lost Will and Lack of Revocation to find specific and relevant resources.