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 Broward County, Florida Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, also known as the Lost Will Declaration, is a legal document designed to establish the authenticity and validity of a lost original will. This declaration becomes crucial when the original will cannot be located, yet there is a copy available. The Lost Will Declaration serves as an alternative recourse for the executor or personal representative of the deceased to ensure that the copy of the will is recognized as a valid representation of the decedent's wishes. It is important to note that this declaration should only be utilized when the original will is genuinely lost or inadvertently destroyed, not when it has been revoked intentionally. In Broward County, Florida, there are two main types of Lost Will Declarations — the self-proving affidavit and the sworn statement. Both types aim to authenticate the copy of the lost will and affirm its accuracy. 1. Self-Proving Affidavit: This type of Lost Will Declaration is typically executed at the time the original will is drafted and witnessed by a notary public. It includes a statement wherein the witnesses attest to the testator's (will creator) competency and the will's execution in their presence. This affidavit simplifies the probate process as it eliminates the need for witness testimony during probate proceedings. 2. Sworn Statement: This Lost Will Declaration is utilized when the original will does not contain a self-proving affidavit or when the original will cannot be located. It involves a written statement signed under oath by the individuals who were present when the will was executed or have knowledge of its existence. These individuals provide detailed information about the will's creation, execution, and the circumstances of its loss. By filing the Lost Will Declaration with the probate court in Broward County, Florida, it is possible to establish the authenticity of the copy of the lost will and proceed with the administration of the decedent's estate accordingly. It is crucial to consult with an experienced attorney to ensure compliance with all legal requirements and procedures associated with this declaration. In summary, the Broward County, Florida Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, or Lost Will Declaration, serves as a legal recourse for individuals dealing with a lost original will. Available in two types — the self-proving affidavit and the sworn statement — this declaration aims to authenticate the copy of the will and streamline the probate process.The Broward County, Florida Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, also known as the Lost Will Declaration, is a legal document designed to establish the authenticity and validity of a lost original will. This declaration becomes crucial when the original will cannot be located, yet there is a copy available. The Lost Will Declaration serves as an alternative recourse for the executor or personal representative of the deceased to ensure that the copy of the will is recognized as a valid representation of the decedent's wishes. It is important to note that this declaration should only be utilized when the original will is genuinely lost or inadvertently destroyed, not when it has been revoked intentionally. In Broward County, Florida, there are two main types of Lost Will Declarations — the self-proving affidavit and the sworn statement. Both types aim to authenticate the copy of the lost will and affirm its accuracy. 1. Self-Proving Affidavit: This type of Lost Will Declaration is typically executed at the time the original will is drafted and witnessed by a notary public. It includes a statement wherein the witnesses attest to the testator's (will creator) competency and the will's execution in their presence. This affidavit simplifies the probate process as it eliminates the need for witness testimony during probate proceedings. 2. Sworn Statement: This Lost Will Declaration is utilized when the original will does not contain a self-proving affidavit or when the original will cannot be located. It involves a written statement signed under oath by the individuals who were present when the will was executed or have knowledge of its existence. These individuals provide detailed information about the will's creation, execution, and the circumstances of its loss. By filing the Lost Will Declaration with the probate court in Broward County, Florida, it is possible to establish the authenticity of the copy of the lost will and proceed with the administration of the decedent's estate accordingly. It is crucial to consult with an experienced attorney to ensure compliance with all legal requirements and procedures associated with this declaration. In summary, the Broward County, Florida Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, or Lost Will Declaration, serves as a legal recourse for individuals dealing with a lost original will. Available in two types — the self-proving affidavit and the sworn statement — this declaration aims to authenticate the copy of the will and streamline the probate process.
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.
