In Illinois, if a Will cannot be found, the typical presumption is that the testator (Will-maker) revoked the Will by destroying it. However, under certain facts and circumstances, a copy of a Will can be probated instead. The following is a fictitious fact pattern based on a real Illinois case where a copy of a Will was allowed in Probate Court:
AFFIDAVIT CONCERNING LOST WILL
I, John Doe ("Affiant"), being first duly sworn, on oath depose and state as follows:
Thus, as can be seen in the above Affidavit, a copy of the lost Will was allowed because the Will was lost in a transition of files from one party to another while the testator was incompetent, not because of any act of the testator. If there is a fact pattern that clearly shows that the testator was not involved in the destruction or misplacement of the original Will, an Illinois court will consider probating a copy of the original Will for the probate estate.
If you have questions regarding a Probate estate in the greater Chicago area, give our office a call at (630) 898-4789 to set up a free initial consultation. You can also email us at email@example.com if you would prefer to communicate with the attorney via email.
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