What happens if the testament disappears or there is only a photocopy?


Absence of testaments present intriguing legal issues which predominantly hinge on the specific facts and circumstances, as well as the laws of the jurisdiction in which the deceased resided.
The disappearance could occur due to deliberate revocation by the deceased, in which case, depending on state regulations, a prior will or the state’s guidelines on inheritance for people passing away without a valid will would determine the distribution of the deceased’s assets.
Conversely, the absence of the testament could be due to the verifiable fact that it was held in a bank vault destroyed by a natural calamity. In such instances, the probate court might accept a photocopy of the testament, alongside proof that the deceased validly signed the original, such as a signed statement from the witnesses of the testament.


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