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 Tennessee Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document used in Tennessee to address situations where a will has been lost or misplaced and there is no evidence of revocation. This declaration is crucial when attempting to probate an estate and distribute assets according to the deceased person's wishes. In instances where a will cannot be located, the Tennessee Declaration of Circumstances serves as a sworn statement attesting to the circumstances of the loss and the efforts made to locate it. The declaration must be signed by the interested parties, such as family members and beneficiaries, and submitted to the probate court. Using relevant keywords, such as "Tennessee Declaration of Circumstances," "Lost Will," and "Lack of Revocation," this document allows individuals to present evidence supporting their claim that a will existed and was not intentionally revoked by the deceased. It helps establish the legal presumption valid in Tennessee, that if a last will and testament cannot be found, it was not destroyed or revoked by the testator. There are different types of Tennessee Declaration of Circumstances of Lost Will and Lack of Revocation, which may include: 1. Affidavit of Lost Will: This declaration is used when the original will is lost or misplaced, and there is no evidence of its destruction or revocation. It outlines the steps taken to search for the will and provides details about the deceased person's intentions and wishes. 2. Affidavit of Inability to Locate Will: This type of declaration is employed when exhaustive efforts have been made to find the will, including contacting family members, searching the deceased person's papers and safe-deposit boxes, and consulting with attorneys or estate planners. It states the reasons behind the inability to locate the will. 3. Affidavit of No Revocation: In situations where a will cannot be found, but there is still uncertainty whether it was revoked, this declaration is utilized. It describes the circumstances of the inability to locate the will and asserts that the testator did not revoke it during their lifetime. Overall, the Tennessee Declaration of Circumstances of Lost Will and Lack of Revocation provides a formal means of presenting evidence and legal arguments to support the validity and existence of a lost will, and helps carry out the testator's intended distribution of assets.
