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 Idaho Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines the specific circumstances of a lost will and the lack of revocation. This declaration is important for individuals who are dealing with the probate process and need to establish the validity of a will that has been misplaced or cannot be found. In Idaho, there are different types of Declaration of Circumstances of Lost Will and Lack of Revocation, each having its own purpose and requirements. They include: 1. Idaho Declaration of Circumstances of Lost Will: This type of declaration is used when a will has been lost, destroyed, or misplaced, making it difficult for the court to locate it during the probate process. The declaration should provide detailed information about how the will was lost, the last known location of the will, and any efforts made to locate it. 2. Idaho Declaration of Circumstances of Lack of Revocation: This declaration comes into play when there is a belief that the testator had intended to revoke their previous will but did not formally do so. It requires detailed information about the testator's intent to revoke the will, any actions taken towards revocation, and any evidence supporting the lack of revocation. In both types of declarations, it is crucial to provide accurate and thorough information to establish the circumstances of the lost will or the lack of revocation. This may involve testimonies from witnesses, affidavits, or any other supporting documents that can authenticate the claims made in the declaration. The purpose of the Idaho Declaration of Circumstances of Lost Will and Lack of Revocation is to provide an avenue for individuals to establish the validity of a will, even when the original document cannot be located, or there are doubts about its revocation. These declarations ensure fairness in the probate process and assist the court in making informed decisions regarding the distribution of the testator's assets. By understanding the different types of declarations and their requirements, individuals involved in the probate process can navigate through the legal complexities and ensure that the wishes of the testator are appropriately recognized and honored.
