[WSBAPT] Proof of Lost Will

[Katharine P. Bauer]

I have usually needed to discuss in my petition why we think the will was
not intentionally destroyed.  For example, dementia, many moves, fire,
statements by testator that his or her will was "in that drawer" and you
find a mouse nest in the drawer with lots of chewed paper.... A copy is
insufficient, I believe, without some showing of what might have happened
to the original
 On Feb 19, 2015 5:29 PM, "Jeremy Yates" <yatesjp at gmail.com> wrote:

> I've been combing the archives, reading various helpful emails betwen
> members of this list, and trying to understand how to use 11.20.070 and am
> stuck on the following point:
>
> I have in my possession a photocopy of a Last Will, complete with
> signatures and a signed affidavit of witnesses.  Does this photocopy of the
> signed affidavit of witnesses qualify as the proof that "must be reduced to
> writing and signed by any witnesses who have testified as to the execution
> and validity" from 11.20.070 (1)?  Or, must I go out and find the persons
> who witnessed the Will to have them provide the same Affidavit information
> in a new and Original form?
>
> It seems like I should be able to use the signed Affidavit photocopy, plus
> a Declaration that the Will was not revoked, plus a Declaration from almost
> anyone who has seen even a copy of the Will waived in front of their nose
> by the Testator (of which I can obtain several), and that should be enough.
>
> Am I missing something?
>
> Gratefully,
>
> Jeremy Yates
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