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 Louisiana Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document used when a will has been lost or cannot be located, and there is a need to prove its existence and lack of revocation in a court of law. This declaration serves as evidence to affirm the authenticity and validity of the lost will, protecting the intentions of the deceased person. Keywords: Louisiana, Declaration, Circumstances, Lost Will, Lack of Revocation, legal document, prove, existence, court of law, authenticity, validity, intentions, deceased person. There are two types of Louisiana Declarations of Circumstances of Lost Will and Lack of Revocation: 1. Declaration of Circumstances of Lost Will: This type of declaration is used when a will has gone missing or cannot be located. It provides a detailed account of the circumstances of the loss or misplacement of the will, such as its last known whereabouts, steps taken to locate it, and any relevant information that could assist in its recovery. The declaration aims to establish that the will was validly executed and was not intentionally destroyed or revoked. 2. Declaration of Lack of Revocation: This type of declaration is employed when a will cannot be located, but there are concerns regarding its revocation. It outlines the efforts made to ascertain whether the will was duly revoked, including examining any other legal documents, records, or testamentary instruments that may shed light on the revocation status. The declaration emphasizes that despite exhaustive searches and investigations, no evidence of revocation has been found, reinforcing the argument that the lost will should still be considered valid. In both types of declarations, it is crucial to present relevant evidence, such as witness statements, correspondence, or any other documentation that support the claim that the will existed and was not intentionally destroyed or revoked. Overall, the Louisiana Declaration of Circumstances of Lost Will and Lack of Revocation allows individuals to present a compelling case in court to ensure that the intentions of the deceased person, as expressed in the lost will, are upheld and honored.
