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 Phoenix, Arizona Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines the specific details surrounding the loss of a person's will and the absence of any revocation. This declaration is crucial in situations where the original will cannot be located, and the testator did not intentionally revoke or destroy it. In Phoenix, Arizona, there are different types of Declarations of Circumstances of Lost Will and Lack of Revocation that can be utilized depending on the individual case. These variations may include: 1. Standard Declaration: This type of declaration is used when the circumstances of the loss of the will and the absence of revocation are straightforward. It provides a comprehensive explanation of how the will went missing and emphasizes that the testator had no intention of revoking their will. 2. Challenged Declaration: In some cases, other parties may contest the validity of the missing will, claiming that the testator intentionally revoked it. A Challenged Declaration is specifically tailored to address such challenges, providing additional supporting evidence to establish that the will was lost and not deliberately destroyed. 3. Probate Declaration: When it comes to probating an estate, a Probate Declaration may be required in situations where the will cannot be found. This declaration outlines the efforts made to locate the will, the circumstances of its loss, and the absence of any evidence of revocation. 4. Affidavit of Lost Will: In certain circumstances, an Affidavit of Lost Will is utilized to declare the loss of the original will. This affidavit typically includes details about the will, such as the date of execution, the testator's intentions, and the events leading up to the loss. It further asserts that the testator did not revoke or destroy the will intentionally. The Phoenix, Arizona Declaration of Circumstances of Lost Will and Lack of Revocation serves as a critical legal instrument in evidencing the unique circumstances associated with the loss of a will and the absence of any intention to revoke it. This document acts as an essential component in resolving probate matters and ensuring that the testator's final wishes are respected and upheld. Contact a qualified attorney to assist you in drafting the appropriate declaration tailored to your specific circumstances.The Phoenix, Arizona Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines the specific details surrounding the loss of a person's will and the absence of any revocation. This declaration is crucial in situations where the original will cannot be located, and the testator did not intentionally revoke or destroy it. In Phoenix, Arizona, there are different types of Declarations of Circumstances of Lost Will and Lack of Revocation that can be utilized depending on the individual case. These variations may include: 1. Standard Declaration: This type of declaration is used when the circumstances of the loss of the will and the absence of revocation are straightforward. It provides a comprehensive explanation of how the will went missing and emphasizes that the testator had no intention of revoking their will. 2. Challenged Declaration: In some cases, other parties may contest the validity of the missing will, claiming that the testator intentionally revoked it. A Challenged Declaration is specifically tailored to address such challenges, providing additional supporting evidence to establish that the will was lost and not deliberately destroyed. 3. Probate Declaration: When it comes to probating an estate, a Probate Declaration may be required in situations where the will cannot be found. This declaration outlines the efforts made to locate the will, the circumstances of its loss, and the absence of any evidence of revocation. 4. Affidavit of Lost Will: In certain circumstances, an Affidavit of Lost Will is utilized to declare the loss of the original will. This affidavit typically includes details about the will, such as the date of execution, the testator's intentions, and the events leading up to the loss. It further asserts that the testator did not revoke or destroy the will intentionally. The Phoenix, Arizona Declaration of Circumstances of Lost Will and Lack of Revocation serves as a critical legal instrument in evidencing the unique circumstances associated with the loss of a will and the absence of any intention to revoke it. This document acts as an essential component in resolving probate matters and ensuring that the testator's final wishes are respected and upheld. Contact a qualified attorney to assist you in drafting the appropriate declaration tailored to your specific circumstances.
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.
