Lost or destroyed wills

Question 1

Lost or destroyed wills present two problems: § 733.207

Answer 1

1. How to establish the terms

2. The presumption that the will is missing

Question 2

What is the rebuttable presumption with a lost or destroyed will?

Answer 2

A rebuttable presumption arises that the testator destroyed the will with the intent to revoke it

Question 3

How is the presumption that a lost or destroyed will was done by the testator with the intent to revoke rebutted?

Answer 3

this is rebutted by a showing of:

Persons who would benefit by the wills destruction had access to the will and the opportunity to take or destroy it

There are other factors that explain why the will is missing (like a hurricane)

Question 4

The contents of a lost will may be proven by either:

Answer 4

The testimony of two disinterested witnesses who knew the contents of the will

The providing of a copy of the lost will with the testimony of one disinterested witness

Question 5

Later discovery of a will

Answer 5

If a will is discovered, it may be brought forward to probate by any interested party

If the probate period is closed, however, it will not be reopened