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 Authenticity of Copy of Lost Will When Original Will is Lost, also known as the Lost Will Declaration, is a legally binding document that acknowledges the authenticity of a copy of a lost will when the original cannot be located. This declaration serves as evidence that the lost will accurately represents the deceased person's intentions. In Tennessee, there are two primary types of Lost Will Declarations: the Affidavit of Lost Will and the Petition to Admit Copy of Lost Will to Probate. Let's delve into each type in more detail: 1. Affidavit of Lost Will: The Affidavit of Lost Will is typically used when the original will cannot be found, but a copy exists. This affidavit is sworn under oath by the person responsible for safekeeping the original will. It certifies that the original will was lost, accidentally destroyed, or misplaced. The affine has the burden of providing factual details about the circumstances of the loss of the original will. Once executed, this affidavit must be filed with the probate court along with the copy of the will. 2. Petition to Admit Copy of Lost Will to Probate: If the original will is lost, and no copy exists, the interested party must file a Petition to Admit Copy of Lost Will to Probate. This petition is submitted to the probate court and states the reasons for the inability to produce the original will. It is crucial to provide ample evidence and documentation supporting the existence and content of the will as described by witnesses or other reliable sources. The court then assesses the evidence, conducts hearings if necessary, and decides whether to admit the lost will to probate. Tennessee's law prioritizes honoring the testator's intent, even if the original will cannot be found. The Lost Will Declaration ensures that a valid copy is recognized as authentic, provided certain legal requirements are met. This process helps protect the testator's wishes and simplifies the probate process for beneficiaries and the court system. Disclaimer: This content is for informational purposes only and should not be taken as legal advice. It is advisable to consult with a qualified attorney to understand the specific requirements and procedures related to the Tennessee Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will.
