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 Wisconsin Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document used in the state of Wisconsin to address the situation where a will cannot be located and there is no evidence of intentional revocation by the deceased person. This declaration helps provide a solution to the problem of a missing will and allows the court to determine the intentions of the deceased individual. Keywords: Wisconsin, Declaration of Circumstances, Lost Will, Lack of Revocation, legal document, deceased person, intentions, court. There are different types of Wisconsin Declarations of Circumstances of Lost Will and Lack of Revocation depending on the specific circumstances. Some common types include: 1. Formal Declaration: This type of declaration is used when the absence of a will is discovered during legal proceedings such as probate. It requires detailed information about the search efforts made to locate the will and any potential reasons for its disappearance. 2. Informal Declaration: If a will cannot be found outside a formal legal process, an informal declaration may be used. This type of declaration often requires a sworn statement from the person or institution responsible for safekeeping the will, explaining the circumstances leading to its loss or inability to locate. 3. Supporting Declarations: In some cases, additional statements from individuals who have knowledge about the deceased's intentions may be required. These could include witnesses, family members, or any relevant party who can attest to the existence of the will or the lack of intent to revoke it. 4. Declaration with Warship: If the deceased person's heirs are uncertain or disputed, a declaration with warship may be necessary. This type of declaration includes information about potential beneficiaries, their relationship to the deceased, and any evidence supporting their claims. 5. Declaration with Testamentary Intent: When there is evidence of the deceased person's intentions to create a will, but the physical document cannot be located, a declaration with testamentary intent may be used. This provides an opportunity to present any relevant evidence, such as drafts, emails, or other documents that indicate the deceased's intention to create a will. It is important to consult with a qualified attorney to determine the appropriate type of declaration based on the specific circumstances of the lost will and lack of revocation in Wisconsin. Legal expertise can help ensure that the declaration accurately represents the situation and increases the chances of resolving the matter effectively under Wisconsin law.
