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 Virginia Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses situations where a will has been lost or cannot be located, and where there is insufficient evidence to prove that the testator intended to revoke the will. This declaration provides a comprehensive description of the circumstances of the lost will and serves as evidence for the court to consider when making a decision regarding the distribution of the estate. In cases where a will cannot be found, it is important to establish if the testator intentionally revoked the will, or if it was misplaced or destroyed accidentally. The declaration outlines details such as the date the will was executed, the identity of the testator, and any known copies or drafts of the will. It also includes information about the testator's mental capacity at the time of executing the will, any witnesses who can attest to its existence, and any individuals who may have had access to or knowledge of the will. Several types of Virginia Declarations of Circumstances of Lost Will and Lack of Revocation exist, depending on the specific circumstances of the case. These may include: 1. Virginia Declaration of Circumstances of Lost Will: This declaration is used when the original will cannot be located, and there is no evidence of its revocation. It provides details about the efforts made to find the will and any possible reasons for its disappearance. 2. Virginia Declaration of Circumstances of Accidental Destruction of Will: This declaration is applicable when the will was destroyed unintentionally, such as in a fire or flood. It describes the circumstances leading to the destruction and explains why it was accidental, seeking to establish that the testator did not intend to revoke the will. 3. Virginia Declaration of Lack of Revocation: This declaration is used when there is no evidence of the testator's intention to revoke the will, but the original cannot be located. It presents information that supports the claim that the testator did not revoke the will, such as statements from witnesses, search efforts, and any other relevant evidence. In conclusion, the Virginia Declaration of Circumstances of Lost Will and Lack of Revocation is a crucial legal document used in cases where a will has gone missing or cannot be found. It provides a detailed account of the circumstances of the lost will and its potential revocation, helping the court make informed decisions regarding the distribution of the estate.
