Lost Wills

A lost or destroyed will can still be validated if there is clear evidence showing it was properly executed and what it contained. If the will was last known to be in the testator's possession and cannot be found, there is a presumption that the testator revoked it, but this can be challenged with sufficient proof.

John had a will that he kept in his desk drawer. After he passed away, the will was missing, but his friend testified that John had told him about the contents of the will and how he wanted his estate distributed. The court accepted the friend's testimony as clear evidence of the will's execution and contents, allowing it to be probated despite its absence.

Lost wills can rise again with clear proof of what they said!

Exams often include scenarios where a will is missing but provide insufficient evidence of its contents, leading students to mistakenly assume it cannot be probated. Watch for clues that might indicate the will's terms were communicated clearly.

Questions typically present a situation where a will is lost or destroyed, requiring candidates to analyze the evidence available to determine if it can be probated despite the presumption of revocation.