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Storing your will at your home or office in a fireproof lockbox or safe and ensuring that someone you trust knows where it is and how to retrieve it. However, you may still be allowed you are a named beneficiary in the will or a guardian of a minor child who is a beneficiary, you are likely permitted access to it by your state's laws. Additionally if the Will maker has discussed making a Will and the terms of it with other persons, evidence from those persons on affidavit will assist in an application that the deceased person had intended the document, although now lost, to be their last Will and testament. What happens if an original will is lost. In addition, the cause for not producing the will has to be proven and the contents of the will also have to be proven. The will search company called certainty.
You don't necessarily need professional help to prepare a valid will. 156(a) states: "A will that cannot be produced in court must be proved in the same manner as provided in Section 256. Lacking a written record, or at least one prepared by the testator, courts do not widely recognize oral wills. I LOST MY MOM'S ORIGINAL WILL BUT I HAVE A COPY. Before making such an application to the Court, we recommend that you seek legal advice on the likelihood your application will be successful and to discuss any other steps that may be able to be taken before applying to the Court. If the application is contested by those individuals, the issue will proceed to a Court hearing. What Happens if a Will is Lost in Pennsylvania. So what other evidence can be used to overcoming the presumption that the will was destroyed and revoked? If you have a business or investments, your will can specify who will receive those assets and when. Under Letters of Administration, the deceased's estate will be dealt with according to the laws of 'intestacy'.
The same amount and character of testimony is required to prove the will not produced in court as is required to prove a will produced in court. He or she may have written a new will or may not have any valid will. It can also include specifics that will help your executor settle your estate, including account numbers, passwords, and even burial instructions. Their details can be found by clicking here. This is an unusual application which also requires a high burden of proof. There was a whole lot of such evidence, and it is what makes this probate case opinion such an interesting case. Is the lost will still valid under Nevada probate law? You might need to provide a good explanation for why the original document cannot be found. So, let's look at your options if you're the executor of an estate and the original Will is missing or lost. What happens if a will is lost. This limits the likelihood that your wishes can be successfully challenged and avoids decisions made in haste or under intense emotional pressure. Talis Law PLLC is a small Estate Planning firm on the Eastside. It is provided without any representations or warranties, express or implied.