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LSDefine
Simple English definitions for legal terms
lost will
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A quick definition of lost will:
A lost will is a document that a person writes before they die to say who should get their things. Sometimes, when a person dies, their will can't be found. If this happens, people can still try to prove what the will said by talking to people who knew the person and looking for clues. In some places, there is a rule that if a will is lost, it is assumed that the person changed their mind and didn't want that will to count anymore. But in other places, people can still try to prove what the lost will said.A more thorough explanation:
A lost will is a will that was executed by a person but cannot be found after their death. In many jurisdictions, the contents of a lost will can be proved by parol evidence. However, the common-law presumption is that there is a presumption of revocation if a lost will is proved to have been in the possession of the testator and has been lost.
For example, if John executed a will but it cannot be found after his death, his family may try to prove its contents through testimony from witnesses who saw the will or heard John talk about its provisions. However, if the will was in John's possession and cannot be found, there is a presumption that he revoked it before his death.