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 West Virginia Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that helps individuals address situations where a will is lost or misplaced, and there is no evidence of revocation. This declaration is particularly relevant in probate cases when the deceased person's estate needs to be administered, but their will cannot be located. The purpose of the West Virginia Declaration of Circumstances of Lost Will and Lack of Revocation is to provide a means for the deceased person's heirs and beneficiaries to establish that the missing will was not intentionally revoked or destroyed. It allows them to present evidence and circumstances of the loss of the will, ensuring that the court understands the situation and can make informed decisions regarding the estate distribution. In West Virginia, there are two main types of Declarations of Circumstances of Lost Will and Lack of Revocation: 1. Formal Declaration: This type of declaration is usually filed by the person who had possession of the original will but lost it inadvertently. The declaration must detail the circumstances of the loss, such as when and where it was last seen and efforts made to locate it. It should also affirm that the will was not intentionally revoked or destroyed. 2. Self-Proving Declaration: In some cases, the will may have been properly executed with a self-proving affidavit, which makes the probate process more streamlined. If the lost will has a self-proving affidavit, a Self-Proving Declaration of Circumstances of Lost Will and Lack of Revocation is filed alongside a formal declaration. This type of declaration reinforces the validity of the original will and the absence of revocation. Both types of declarations must contain accurate and relevant information, such as the decedent's name, date of death, and a detailed account of the will's loss or misplacement. Witness statements, if available, can also be included as supporting evidence to strengthen the case. It is important to consult with an attorney familiar with West Virginia probate laws to ensure compliance with specific requirements and procedures. The West Virginia Declaration of Circumstances of Lost Will and Lack of Revocation provides a legal framework to handle the complex situation when a will is missing or cannot be located. By presenting a well-documented declaration with relevant keywords such as "lost will," "lack of revocation," "probate," "deceased person's estate," and "legal document," individuals can strive for a fair resolution in distributing the estate according to the deceased person's original wishes.
