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 Virgin Islands Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that addresses the situation where a will has been lost, misplaced, or destroyed, and there is no evidence of its revocation. This declaration plays a crucial role in resolving disputes and ensuring fair distribution of assets in probate cases. In the Virgin Islands, there are different types of Declarations of Circumstances of Lost Will and Lack of Revocation, varying based on the specific circumstances of the lost will. Here are some examples: 1. General Declaration of Circumstances of Lost Will: This type of declaration is used when the original copy of the will cannot be located, but there is no reason to suspect foul play or intentional destruction. It outlines the steps taken to locate the will and explains the circumstances leading to its loss. 2. Declaration of Circumstances of Lost Will Due to Accident or Natural Disaster: If the will has been lost or destroyed due to an unforeseen event like a fire, flood, or accident, this specific declaration is required. It describes the incident, provides supporting evidence, and explains that the testator did not revoke the will. 3. Declaration of Circumstances of Lost Will and Lack of Revocation Amidst a Contested Estate: In cases where the validity of the will is challenged, and the original document cannot be found, this declaration is utilized. It presents strong evidence to refute the claims of revocation and outlines the efforts made to protect the will from any tampering. 4. Declaration of Circumstances of Lost Will with Suspicion of Revocation: If there are concerns that the will could have been intentionally destroyed or revoked, this type of declaration is necessary. It explains the reasons for suspicion, such as conflicts among family members or beneficiaries, and presents any supporting evidence to establish the non-revocation of the will. In all these types of declarations, key information such as the testator's name, date of the will, details of witnesses, any previous amendments, and efforts made to locate the will are mentioned. The declaration is typically signed by the person making the declaration, along with supporting witnesses. Creating a comprehensive Virgin Islands Declaration of Circumstances of Lost Will and Lack of Revocation is essential for resolving legal disputes and ensuring the fair distribution of assets according to the intentions outlined in the lost will.
