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 Massachusetts Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that describes the situation of a lost will and the absence of a revocation of that will. This declaration is typically filed with the Massachusetts probate court to establish the circumstances of the lost will and provide evidence of its content and validity. Keywords: Massachusetts, Declaration of Circumstances, Lost Will, Lack of Revocation, Probate Court, Legal Document, Evidence. Different types of Massachusetts Declaration of Circumstances of Lost Will and Lack of Revocation include: 1. Simple Declaration: This type of declaration is used when there is a clear case of a lost will and the lack of any revocation. It typically includes the details of the lost will, such as its date, contents, and the circumstances of its loss. 2. Challenged Declaration: In this type of declaration, there might be a dispute or challenge regarding the validity of the lost will or the absence of a revocation. It involves providing additional evidence or supporting documentation to prove the legitimacy of the lost will or lack of revocation. 3. Multiple Will Declaration: If there are multiple wills associated with the deceased person and one of them is missing, a Multiple Will Declaration may be used. This type of declaration demonstrates the existence of other wills and explains why the missing will is relevant and necessary to establish the intention of the deceased. 4. Affidavit in Support of the Declaration: This type of declaration includes sworn statements or affidavits from individuals who have knowledge of the lost will or lack of revocation. It provides additional documentation and testimonies to supplement the declaration and strengthen its credibility. 5. Complex Estate Declaration: In cases where the estate is complex and involves significant assets, investments, or business interests, a Complex Estate Declaration may be necessary. This type of declaration requires detailed documentation and evidence to establish the relevance and implications of the lost will or lack of revocation in the overall administration of the estate. By filing the Massachusetts Declaration of Circumstances of Lost Will and Lack of Revocation, individuals can provide a comprehensive and detailed account of the lost will and the absence of any revocation, enabling the probate court to make informed decisions regarding the administration of the deceased person's estate.
