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 Delaware Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses situations where a will has been lost or inadvertently destroyed and no explicit revocation has been made. This declaration serves as a formal statement of facts and circumstances of the lost will, providing clarity and establishing the intent of the testator. In Delaware, there are different types of Declarations of Circumstances of Lost Will and Lack of Revocation, which may include: 1. Standard Declaration: This type of declaration outlines the basic circumstances of the lost will, including the details of when and how it was lost or destroyed. It presents the facts required to establish that the will was valid and its absence is not due to intentional revocation. 2. Witnesses' Affidavit: In some cases, witnesses who have knowledge of the contents and execution of the lost will might be required to provide an affidavit. This affidavit confirms their presence during the will's creation and affirms its validity, further strengthening the case of the lost will's existence. 3. Supporting Documentation: Alongside the declaration, additional supporting documentation may be required. This can include any available copies or drafts of the lost will, correspondence relating to its creation or revocation, or any written evidence that can help substantiate its existence and subsequent loss. 4. Notice to Interested Parties: The declaration may also involve notifying interested parties, such as beneficiaries and creditors, about the lost will and lack of revocation. This allows them an opportunity to contest the declaration or raise any concerns they may have regarding the estate distribution. Keywords: Delaware, Declaration of Circumstances, Lost Will, Lack of Revocation, legal document, testator, circumstances of, witnesses' affidavit, supporting documentation, interested parties.
