Where a will last known in the testator's possession cannot be found, most states presume the testator revoked it. The proponent may rebut with evidence of due execution, contents, and non-revocation.
Copies may be admitted where the presumption is overcome.
Alternative Names:
Lost Will|Missing Will Presumption
Why it Matters?
The presumption applies only where the will was last in the testator's possession, which means a will held by the drafting attorney or in a safe deposit box does not trigger it, and establishing custody is accordingly the threshold inquiry. Rebutting requires evidence of the testator's continued intent, including statements referencing the will and the absence of any reason to revoke.
Frequently Confused with
Related terms
Frequently asked questions
When does the presumption apply?
How is it rebutted?
