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 Franklin Ohio Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines the details and events surrounding the loss of a will and the absence of any evidence of revocation. This declaration is crucial in situations where the original will cannot be located, but there is a need to establish the deceased's intentions regarding the disposition of their assets. Keywords: Franklin Ohio, Declaration of Circumstances, Lost Will, Lack of Revocation, legal document, events, evidence, intentions, disposition, assets. Types of Franklin Ohio Declaration of Circumstances of Lost Will and Lack of Revocation: 1. Affidavit of Circumstances of Lost Will: This type of declaration is used when there is a belief that a valid will exists but cannot be located, and there is no evidence of intentional revocation. The affine, usually a beneficiary or a party with knowledge of the will, details the circumstances of the loss of the will and asserts that it was not deliberately destroyed or revoked. 2. Declaration of Lack of Revocation: This type of declaration is employed when there is a will available, but there are concerns about its validity due to alleged revocation. The declaring, often an executor, provides a detailed account of events, providing evidence to prove that subsequent actions or alleged revocation did not take place. 3. Combined Declaration of Circumstances of Lost Will and Lack of Revocation: In some cases, both circumstances of a lost will and lack of revocation may be present. It necessitates a comprehensive declaration that addresses both aspects and provides a detailed account of events leading to the loss of the will and the lack of any indications of revocation. In any of these situations, it is essential to consult with an experienced attorney who specializes in probate and estate planning matters to ensure the validity and acceptance of the Franklin Ohio Declaration of Circumstances of Lost Will and Lack of Revocation.The Franklin Ohio Declaration of Circumstances of Lost Will and Lack of Revocation is a legal document that outlines the details and events surrounding the loss of a will and the absence of any evidence of revocation. This declaration is crucial in situations where the original will cannot be located, but there is a need to establish the deceased's intentions regarding the disposition of their assets. Keywords: Franklin Ohio, Declaration of Circumstances, Lost Will, Lack of Revocation, legal document, events, evidence, intentions, disposition, assets. Types of Franklin Ohio Declaration of Circumstances of Lost Will and Lack of Revocation: 1. Affidavit of Circumstances of Lost Will: This type of declaration is used when there is a belief that a valid will exists but cannot be located, and there is no evidence of intentional revocation. The affine, usually a beneficiary or a party with knowledge of the will, details the circumstances of the loss of the will and asserts that it was not deliberately destroyed or revoked. 2. Declaration of Lack of Revocation: This type of declaration is employed when there is a will available, but there are concerns about its validity due to alleged revocation. The declaring, often an executor, provides a detailed account of events, providing evidence to prove that subsequent actions or alleged revocation did not take place. 3. Combined Declaration of Circumstances of Lost Will and Lack of Revocation: In some cases, both circumstances of a lost will and lack of revocation may be present. It necessitates a comprehensive declaration that addresses both aspects and provides a detailed account of events leading to the loss of the will and the lack of any indications of revocation. In any of these situations, it is essential to consult with an experienced attorney who specializes in probate and estate planning matters to ensure the validity and acceptance of the Franklin Ohio Declaration of Circumstances of Lost Will and Lack of Revocation.
