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Declaration of Circumstances Surrounding Lost Will and Lack of...

Hillsborough Florida Declaration of Circumstances Surrounding Lost Will and Lack of Revocation

Name: Hillsborough Florida Declaration of Circumstances Surrounding Lost Will and Lack of Revocation
Brand: US Legal Forms
Rating: 4.77 (254 reviews)

Category:

Wills - Lost Wills

State:

Multi-State

County:

Hillsborough

Control #:

US-02147BG

Format:

Instant download

Description

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.

How to fill out Hillsborough Florida Declaration Of Circumstances Surrounding Lost Will And Lack Of Revocation?

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FAQ

The contents of a lost or destroyed Will are only admitted into probate in Florida if the probate court makes a finding that the above noted presumption has been overcome. If your Father's original Will is not located, and a copy cannot be proven, the Probate will then proceed intestate as if his Will never existed.

There are a few ways to destroy a will completely. Rewriting a will and clearly expressing your intent to terminate the former completely revokes the first will. Also, physically destroying the will by burning or shredding or any other act that destroys the will's physical form will cancel it.

Physical acts that validly revoke a will include the testator's intentionally burning, tearing, cutting, obliterating, or otherwise mutilating a will. Generally, the physical act must evidence a present intent by a testator to revoke the entire will.

What if the Original Will Cannot be Located? In order to establish the existence and validity of a will without the original document, your probate attorney will have to file a petition with the court to establish and probate the will.

The three most common methods used to revoke a will are: by operation of law, by a subsequent will or codicil, and. by physical act.

A common way to revoke a will is to utterly destroy it. You can burn it, tear it, or shred it to pieces, so long as you intend to destroy the will. This applies to whether you actually destroy it, or whether someone else destroys it, at your request, and in your presence.

The Rules of Court, (Rule 77) approved in 1940 allow proof (and probate) of a lost or destroyed will by secondary evidence the testimony of witnesses, in lieu of the original document. Yet such Rules could not have contemplated holographic wills which could not then be validly made here.

Under Florida law, a last will and testament can be voided if the will was procured by fraud, duress, or undue influence. To contest a will in Florida, a person must file a petition in the probate court case. Not just anyone can file a will contest, however.

The revocation clause revokes all of the wills and codicils that you (the testator) have made in the past. The purpose of the revocation clause is to prevent any of your earlier wills and codicils from having any legal effect after your new simple will is executed.

In California, under section 6120 of the Probate Code, a will can be revoked by, being burned, torn, canceled, obliterated, or destroyed with the intent and for the purpose of revoking it, by either the (1) testator or (2) another person in the testator's presence and by the testator's direction. Depending on the

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Hillsborough Florida Declaration of Circumstances Surrounding Lost Will and Lack of Revocation

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Under what circumstances can a lost will be probated in Florida?

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