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 Utah Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that pertains to situations where a will is lost or cannot be found, but there is no evidence of revocation. This declaration serves as a sworn statement that outlines the circumstances of the lost will and the reasons for believing that it was not revoked. In cases where a will cannot be located after the testator's death, the Utah Declaration of Circumstances of Lost Will and Lack of Revocation provides a means to establish the legal validity of the will and ensure that the testator's wishes are honored. By presenting this declaration, interested parties can demonstrate that every reasonable effort was made to locate the will and that there is no evidence of intentional revocation. In situations where the testator's will has been lost or misplaced, several types of Utah Declarations of Circumstances of Lost Will and Lack of Revocation may exist, depending on the specific circumstances: 1. Declaration of Loss and Inability to Locate: This type of declaration is used when the will has been lost or misplaced, and despite diligent searches, it cannot be found. It confirms the efforts made to find the will and asserts that it has not been revoked. 2. Declaration of Unintentional Revocation: This declaration is employed when a will was known to exist but cannot be located at the time of the testator's death. It declares that the testator did not intentionally revoke or destroy the will. 3. Declaration of Lack of Knowledge of Revocation: In cases where the testator's will is missing, and there is no evidence of revocation, this declaration is used to declare that the testator had no knowledge of any revocation before their passing. 4. Declaration of Last Known Will: This type of declaration is utilized when a will is lost or misplaced, but a copy or draft of the will exists. It attests that the missing will accurately represents the testator's last known intentions and asserts that it has not been revoked. It is crucial to consult with an attorney experienced in estate planning and probate matters to properly execute the Utah Declaration of Circumstances of Lost Will and Lack of Revocation. The declaration must be executed in compliance with Utah probate laws and may require additional supporting documentation, such as affidavits from witnesses or individuals involved in the creation or safekeeping of the missing will.
