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 Alabama Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines the circumstances under which a will has been lost or misplaced and explains the lack of revocation of said will. This declaration serves as evidence or proof for the court during probate proceedings to establish the intention of the deceased regarding their estate. In Alabama, there are two main types of declarations related to lost wills and lack of revocation: 1. Alabama Declaration of Circumstances of Lost Will: This type of declaration is used when a will cannot be located after the death of the testator (the person who made the will). It usually includes a detailed description of the will, including its date, contents, and signatures of witnesses if known. The declaration will also mention the efforts made to locate the will and explain any suspicious circumstances of the loss. 2. Alabama Declaration of Lack of Revocation: This type of declaration is used when a will is missing, but the court needs to establish that it was not revoked by the testator before their death. It provides evidence to show that the testator did not intentionally destroy or alter the will. This declaration will include details about the last-known location of the will, any circumstances that suggest revocation, and any witnesses who can testify about the testator's intent to retain the will. Keywords: Alabama, Declaration of Circumstances of Lost Will, Lack of Revocation, legal document, probate proceedings, intention, testator, estate, court, evidence, proof, missing, misplaced, revoked, probate, declaration, location, witnesses, suspicious circumstances, destroyed, altered, retained.
