Presumption of Revocation for a Lost Will
Where a will had been in the testator’s possession and cannot be found after his death, there is a rebuttable presumption that the will was destroyed with the intent to revoke. The burden is on the will proponent(s) to overcome the presumption. Where no duplicate originals of the will can be found, a copy can be introduced into evidence to show the intentions of the testator and the contents of the will. Where there is conflicting evidence as to whether the will was revoked, it will be decided by the trier of fact, based on the weight of the evidence....
