If a testator's will cannot be found at death and the testator was the last known custodian, what is the presumption about revocation under the majority rule?

• A. The will is presumed destroyed with the intent to revoke
• B. The will is presumed lost
• C. The will is presumed invalid
• D. The will is presumed to be found elsewhere

Answer: (A)

When a will disappears at death and the person who held it last is the testator, the most accepted view is that the will was destroyed with the intent to revoke. Since the testator had control over the document, its absence is best explained by destruction rather than mere misplacement. The presumption reflects the idea that if the testator wanted to revoke, destruction is the simplest, most direct method, and there isn’t a stronger reason to think it slipped away unintentionally. To challenge this, someone probate-facing would need evidence showing the will was lost or mislaid without intent to revoke, or that another valid document exists that supersedes or revokes the earlier one. In the absence of such evidence, the presumption of revocation by destruction stands.