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 Texas Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses the situation when a person's Last Will and Testament cannot be located and there is a need to provide evidence and explanation regarding the circumstances of its loss and the lack of intentional revocation. This declaration is important for individuals or their representatives who are responsible for distributing the estate according to the deceased person's wishes but cannot produce the original will. The purpose of the Texas Declaration of Circumstances of Lost Will and Lack of Revocation is to establish the basis for admitting a copy or a draft of the will to probate. This document outlines in detail the facts, events, and reasons leading to the loss of the original will, as well as the lack of intention by the deceased person to revoke or modify the terms of the will. By executing the Texas Declaration of Circumstances of Lost Will and Lack of Revocation, the declaring provides important information to the probate court, including the date and location of the execution of the will, the identities of witnesses, and any known efforts made to locate the original will. The declaration should explain any potential reasons for its disappearance, such as disasters, theft, or time passing without the will being updated. Different types or variations of the Texas Declaration of Circumstances of Lost Will and Lack of Revocation may exist depending on the specific requirements or nuances of the case. However, there is typically one standardized form used in Texas for this purpose. It is crucial to consult with an attorney or legal professional to ensure compliance with the state's laws and any specific variations that may apply in the jurisdiction. In conclusion, the Texas Declaration of Circumstances of Lost Will and Lack of Revocation is a crucial legal document used in situations when the original Last Will and Testament cannot be located. It provides a detailed account of the circumstances of the loss and lack of revocation, aiming to establish the basis for admitting a copy or draft of the will to probate.
