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.
Title: Understanding the Vermont Declaration of Circumstances of a Lost Will and Lack of Revocation Introduction The Vermont Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that helps individuals navigate the complex process of handling the absence of a valid will and proving that it was not intentionally revoked. This article provides a detailed description of this important declaration, its significance, and the possible types of declarations within the context of Vermont law. 1. Definition and Importance The Vermont Declaration of Circumstances of Lost Will and Lack of Revocation is a legal instrument utilized when a testator's valid will cannot be located after their passing. It plays a crucial role in establishing the presence of a lost will and ensuring that the testator's intentions are carried out. 2. Establishing a Lack of Revocation In some cases, the testator may have intentionally revoked their will before their demise. The declaration allows interested parties to gather and present evidence that proves the absence of any revocation. By demonstrating the lack of revocation, the declaration strengthens the claim of a lost will's existence. 3. Contents of the Declaration The Vermont Declaration of Circumstances of Lost Will and Lack of Revocation typically includes the following key elements: a. Sworn Statement: The declaration begins with a sworn statement by the person seeking to establish the lost will, describing the circumstances of the will's disappearance and the reasons to believe it was not intentionally revoked. b. Supporting Affidavits: Additional sworn statements known as affidavits from individuals with relevant information are often required. These affidavits provide corroborating evidence supporting the claim of a lost will and lack of revocation. c. Testator's Intent: The declaration emphasizes the importance of establishing the testator's intent as expressed in the missing will, and it explores any possible motives or reasons for revocation. d. Diligent Search: The person making the declaration must demonstrate that a diligent search for the missing will has been conducted, including efforts to locate the will at the testator's residence, with family members, and through other avenues. 4. Types of Declarations Within the scope of Vermont law, there may be various types or categories of declarations related to lost wills and lack of revocation: a. General Declaration: A general declaration deals with circumstances where the testator's heirs or beneficiaries are seeking to establish the lost will and negate any possible revocations. b. Specific Declaration: In some situations, a specific declaration may be filed to address a particular aspect of the lost will or revocation issue, such as identifying potential witnesses or presenting additional evidence. c. Supplementary Declaration: A supplementary declaration might be filed when new evidence or circumstances arise after the initial declaration is made, further supporting the claim of a lost will. Conclusion The Vermont Declaration of Circumstances of Lost Will and Lack of Revocation is a vital legal instrument for protecting the testator's intentions and ensuring that their estate is distributed according to their wishes, even when a valid will cannot be located. By understanding the various types of declarations associated with lost will case, individuals can pursue the necessary legal steps to establish the existence of a lost will and the lack of any intentional revocation.
