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 Washington Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that serves to address situations where a will has been misplaced or lost, leading to uncertainty regarding its validity and the need for revocation. This declaration is specifically applicable in the state of Washington, outlining the necessary steps and requirements to establish the circumstances of a lost will and the absence of any intentional revocation. In cases where an individual has passed away without a readily available or properly executed will, it can create complications in the distribution of their estate. The Washington Declaration provides a mechanism to address such scenarios. It requires that the interested party, typically a family member or executor/executrix, file a petition with the Washington court to initiate the legal process. The declaration must contain specific details regarding the circumstances of the loss of the will and the efforts made to locate it. It should include information about the testator's intent, any evidence or witnesses supporting the will's existence, the last known location of the will, and the steps taken to find it. This information aims to establish that the will was not intentionally destroyed or revoked by the deceased. The Washington Declaration recognizes two types of circumstances of a lost will and lack of revocation: 1. Lost Will with No Copy: This situation occurs when the original will cannot be found, and no copies are available. In such cases, the interested party must demonstrate to the court the testator's intention, as well as the unsuccessful search efforts made to locate the will. 2. Lost Will with Copies: Here, the original will remains missing, but copies or drafts of they will exist. The interested party needs to provide the court with evidence that the copies accurately represent the testator's final wishes. They must establish the legitimacy of these copies, ensuring that they have not been altered or revoked by the testator. Once the Washington Declaration is filed, the court will review the evidence presented, evaluate the credibility of the petitioner's claims, and make a determination regarding the validity of the lost will. If the court accepts the declaration, it may admit the lost will to probate, incorporating it into the estate administration process. In summary, the Washington Declaration of Circumstances of Lost Will and Lack of Revocation is a critical legal instrument used in cases where a will cannot be found, providing a framework for addressing the uncertainties surrounding its validity. By following the necessary requirements and providing substantial evidence, interested parties can seek recognition of the lost will and ensure the distribution of the deceased's assets according to their wishes. Keywords: Washington Declaration, Circumstances, Lost Will, Lack of Revocation, legal document, validity, Washington court, estate administration, interested party, testator's intent, evidence, witnesses, original will, copies, probate.
