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Lost Wills Usually only an original will can be admitted to probate. However, sometimes a copy can be admitted. A testator is someone who makes a will. When a will was in the testator's possession and cannot be found after the testator's death, there is a presumption that the testator revoked it. If it can be proven that the testator did not have the original the presumption does not apply. Either way, to get a copy of the will admitted the proponent must prove that the testator did not revoke the will. In essence a negative must be proved. The evidence can consist of, among other things, continual good relations between the testator and the beneficiaries, declarations by the testator and possession of or access to the will by a third party. The Dead Man's Act prevents testimony about conversations with or events which took place in the presence of a decedent when anyone is suing or defending as representative of a decedent, but there is an exception when the representative offers the testimony. Of course there must be evidence that the will was properly executed and witnessed. Even when there is no copy, wills have sometimes been admitted to probate, but the additional difficulty here is proving the contents. Usually declarations by the testator are not sufficient. Testimony of the attorney who prepared the will or third parties who know the contents is usually required. || Back
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Donald M.
Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois
Probate Lawyer |
