It is possible to overcome the presumption, however. Generally speaking, this is accomplished by offering evidence, in various forms, that tends to show that the testator did not desire to revoke it.
For example, in one recent case, In re Estate of Calvillo , No. In another case, In re Estate of Perez , S. The presumption of revocation can be overcome by evidence:. It is unusual to offer a copy of a purported will for probate. As indicated above, where the original cannot be located, a presumption arises that it was revoked.
Overcoming that presumption will, in virtually every instance, require the skills of an experienced probate attorney. Moreover, most legal experts would add that this type of case requires an attorney who is not only experienced in probate matters, but also skilled in litigation. If you prefer to meet at the office in person, the Texas probate attorneys will gladly offer a free consultation. Visit www. The information provided herein is merely provided in the spirit of education and is believed to be accurate as of the time it was originally prepared, and laws change.
If you have a legal question, you should consult a lawyer for your specific legal situation. Further, nothing in this article shall be construed to have started an attorney-client relationship. No such relationship exists until both you and and an attorney at Shutt Law Firm sign an engagement letter.
Attorneys for Independent Executrix and a named beneficiary in the Last Will and Testament of Decedent can make a very, very strong case that the copy of the will should be valid deceased Aunt probably misplaced the original Will. My question, In Denton Texas, would a probate court judge be likely to accept the copy of the will, or do most judges reject copies even if a strong case is made that it should be valid? My inclination is to suggest to the relatives not to try to contest the Will.
Just looking now for some basic legal information. Thank You! I plan to contest however if I settle to an offer what happens if the court finds the will not an original will? We often refer to it as a 'wet ink original'. An Original Will is so important because the existence of this document is a statement unto itself. The Court will assume you destroyed your Original Will before you died. This assumption can be a powerful one, and it will be the job of your applicant for administrator's attorney to overcome this burden.
Sometimes, the explanation is simple enough. The Will was lost in a move from a home to a nursing home. The Will was just misplaced and accidentally thrown away.
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