Can a Copy of a Will Be Probated?
When an original of a will cannot be located, the courts generally presume that the deceased person destroyed the original will to make it null and void. There are ways to revoke a decree, one of which is its physical destruction. While it is difficult to probate a copy of an order, it is not impossible. Those who wish to probate a copy of a declaration assume the burden of demonstrating that the person (testator) did not intend to revoke his legacy by destroying it. Clear and convincing evidence that a person other than the testator destroyed the testament without the direct consent or permission of the testator is sufficient to overcome the presumption that the testator revoked the declaration by its destruction. In a recent 2008 case, the courts ruled a copy of the decree could not be probated. Mr. Smith died in October of 2005. He was survived by his wife, his mother and a child from a prior marriage. He had executed a notarial decree in March of 2002 naming his wife as universal l
