If you die and your will was in your possession, but it cannot be found after your death then a presumption arises that you destroyed it. See In re Estate of Carlton, 276 So.2d 832 (Fla. 1973). If someone believes that you did not destroy it, then that person has the burden of proving that you did not destroy the will before your death. A key issue is whether you had possession of the will when you died. The presumption that you destroyed your will may be overcome by evidence that the will was lost or destroyed without your consent or that you were incapable of revoking the will while it was in your possession.
I have seen some expensive fights over this issue and it is simple to avoid. If you are living with someone who has an economic interest to destroy your will after you are gone, then you need to move the will somewhere safe. For more information, contact Linde Law Group today.