What presumption applies when a lost or destroyed will cannot be found after death?

• A. There is a strong presumption that it was revoked by destruction by the testator.
• B. It is presumed to be valid unless proven otherwise.
• C. It is presumed to be lost but not revoked.
• D. It is presumed to be created by a different testator.

Answer: (A)

When a will is lost or destroyed and cannot be found after the testator’s death, the law applies a strong presumption that the testator revoked the will by destruction. The reasoning is intuitive: if the document that was meant to control the estate is missing, the natural inference is that the testator destroyed it to revoke its terms. This presumption shifts the burden to the party asserting the will’s validity to produce evidence showing it was indeed revoked for a different reason or that the will still existed at death or was superseded by another instrument.

If someone wants to overcome this presumption, they would present evidence that the will was not revoked, such as proof of its existence at death, evidence of a later valid will or codicil, or circumstances showing the document was misplaced but not destroyed or that its contents can be established by other reliable means. The other options—presuming the will is valid by default, presuming it’s lost but not revoked, or presuming it was created by a different testator—do not reflect the established reaction of the law to a missing will.