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 Miami-Dade Florida Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses situations where a will is lost or missing, and there is no evidence of its intentional revocation. This declaration allows individuals involved in the probate process to provide specific details about the circumstances of the lost will, ensuring a fair and just resolution. Keywords: Miami-Dade Florida, Declaration of Circumstances, Lost Will, Lack of Revocation, probate process, legal document. Different Types of Miami-Dade Florida Declaration of Circumstances of Lost Will and Lack of Revocation: 1. Individual Declaration: An individual who believes they are entitled to inheritance based on a lost or missing will, can submit their own declaration. This type of declaration would include their relationship to the deceased, details about the lost will, and their belief that the will was not intentionally revoked. 2. Witness Declaration: Witnesses who were present during the creation and execution of the lost will, can provide their own declaration. They can describe the signing process, affirm the authenticity of the will, and explain the circumstances that led to its loss. 3. Executor Declaration: If the executor of the estate is aware of a lost will, they can file a declaration outlining their knowledge of its existence, the events surrounding its loss, and any efforts made to locate the will. 4. Family Declaration: Family members who believe a lost will exists and want to ensure their rightful inheritance can submit a family declaration. This document would include information about the deceased, their relationship to the family member, and any details surrounding the loss or possible revocation of the will. By filing the Miami-Dade Florida Declaration of Circumstances of Lost Will and Lack of Revocation, individuals and interested parties can provide critical information regarding the lost will, helping the probate court make informed decisions and protect the wishes of the deceased.The Miami-Dade Florida Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses situations where a will is lost or missing, and there is no evidence of its intentional revocation. This declaration allows individuals involved in the probate process to provide specific details about the circumstances of the lost will, ensuring a fair and just resolution. Keywords: Miami-Dade Florida, Declaration of Circumstances, Lost Will, Lack of Revocation, probate process, legal document. Different Types of Miami-Dade Florida Declaration of Circumstances of Lost Will and Lack of Revocation: 1. Individual Declaration: An individual who believes they are entitled to inheritance based on a lost or missing will, can submit their own declaration. This type of declaration would include their relationship to the deceased, details about the lost will, and their belief that the will was not intentionally revoked. 2. Witness Declaration: Witnesses who were present during the creation and execution of the lost will, can provide their own declaration. They can describe the signing process, affirm the authenticity of the will, and explain the circumstances that led to its loss. 3. Executor Declaration: If the executor of the estate is aware of a lost will, they can file a declaration outlining their knowledge of its existence, the events surrounding its loss, and any efforts made to locate the will. 4. Family Declaration: Family members who believe a lost will exists and want to ensure their rightful inheritance can submit a family declaration. This document would include information about the deceased, their relationship to the family member, and any details surrounding the loss or possible revocation of the will. By filing the Miami-Dade Florida Declaration of Circumstances of Lost Will and Lack of Revocation, individuals and interested parties can provide critical information regarding the lost will, helping the probate court make informed decisions and protect the wishes of the deceased.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
