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 Authenticity of Copy of Lost Will When Original Will is Lost, also known as the "Lost Will Declaration," is a legal document created for situations where the original will of a deceased person cannot be located. This declaration serves to verify the authenticity and validity of a copy of the lost will, ensuring that the deceased's intentions are carried out according to their wishes. When dealing with a lost will scenario in Wisconsin, it is essential to understand the different types of Lost Will Declarations available to ensure compliance with state laws. Here are three key types: 1. Wisconsin Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Testate (Lost Testate Will): This type of declaration is utilized when a valid copy of the lost will is found, and the deceased left behind specific instructions regarding the distribution of their assets and the appointment of an executor. 2. Wisconsin Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Intestate (Lost Intestate Will): When no valid copy of the lost will is discovered, the estate will be treated as an intestate estate. This means that the deceased did not leave behind any written will or instructions. In such cases, Wisconsin laws regarding intestacy will dictate how the deceased's assets shall be distributed among their surviving relatives. 3. Wisconsin Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Holographic (Lost Holographic Will): This type of lost will declaration is applicable when the deceased's will is written entirely in their own handwriting (holographic will), and the original document cannot be located. Such wills are typically not witnessed, making it crucial to establish the authenticity of a discovered copy through the declaration. The Wisconsin Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will includes crucial information. It typically incorporates details about the deceased, such as their full legal name, date of birth, and date of death. The declaration provides a description of the lost will and outlines the reasons behind its loss, whether due to theft, accident, or any other circumstances. Additionally, the declaration may require the person presenting the copy of the lost will to provide evidence of the document's authenticity, such as affidavits from witnesses who are familiar with the deceased's handwriting, or expert testimony from a forensic document examiner. By filing the Wisconsin Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will with the probate court, the executor or personal representative seeks validation and acceptance of the copy as a true testament to the deceased's intentions. This declaration is a crucial step towards ensuring a fair and just distribution of the deceased's assets and bringing closure to the probate process. Overall, the Wisconsin Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will provides a legal framework to address complex situations involving missing wills, safeguarding the deceased's wishes and maintaining the integrity of the estate distribution process.
