DESTROYED IN NATURAL DISASTERS

DESTROYED IN NATURAL DISASTERS. When an original will can not be reached, the courts generally presume that the deceased was destroyed to be null and void. However, there are personal and natural disasters that destroy the original documents.

The law provides that the presumption that the person who destroyed his will to revoke may be rebutted by clear evidence of all three. This clear evidence to show that the person who made a valid, must show proof of its content or substance of the will and must demonstrate that it was revoked by the person. These three elements must be tested by a person who wants to probate it.

A case settled in 2009 was that of Mr. Day had executed a will in December 2004 that left everything to two of their three children. A boy, a girl, is not mentioned at all in it. With the storm Katrina, the original was destroyed.

Mr. Day passed in 2008. The two children mentioned in which he presented a copy of 2004 from his father along with an affidavit from the lawyer who had prepared and notarized it. The court allowed the copy to be legalized and a boy was appointed independent executor under the terms of the legal document. Soon after, the boy who had failed to submit a motion to quash the trial of succession.

Therefore, it was the duty of the other two children to present clear proof that mentioned above showed that the Day of the Lord has made is valid. They also must demonstrate the content or substance, and must show that he was intentionally revoked Mr. Day.

At trial, counsel for Mr. Day testified that he prepared the 2004 paper and the Lord's Day had already signed in his presence. The attorney submitted a copy of it. Thus, the first two requirements are met. The court found that the third requirement was satisfied, as the overwhelming evidence of the case clearly and convincingly that the deceased did not destroy it with the intention to revoke, but rather, the original was destroyed along with most others of the Lord's Day possessions in Hurricane Katrina. Although the exact circumstances of how Mr. document of the day came to be lost or destroyed is unknown, the court found clear and convincing evidence that he did not revoke it, with the intention of having the third child to inherit from their heritage. Thus, the third son lost in court.

In conclusion, when an original is destroyed by a natural disaster like Katrina or a personal disaster like a fire in your home should be replaced with a new and original as soon as possible. As can be seen in the case discussed above, a copy of your file Counsel argued played a vital role in Mr. Day's last wishes being carried out.

It is important to have an experienced professional to help you in your estate planning, and it is important that a copy of it and the powers are kept in a safe place. The four basic documents that everyone should have is a will, Attorney General, a special limited medical power of Justice and a statement of life.

DESTROYED IN NATURAL DISASTERS