In a case where the last person known to possess the will dies and the will cannot be found, what is the presumption?

• A. The will is presumed revoked.
• B. The will is presumed valid.
• C. The will is presumed lost but valid.
• D. The will is presumed destroyed by someone else.

Answer: (A)

When a will cannot be found after the testator’s death and no copy or other valid record of the will is produced, the law applies a presumption that the will has been revoked. The logic is that the most plausible explanation for the document’s disappearance is that the testator destroyed or revoked it, rather than it simply being misplaced. This presumption guides the court to treat the estate as if there is no valid will, so the assets pass according to intestate succession rules unless evidence shows the will still exists or another document (like a later will or codicil) revoke or supersede it. To overcome the presumption, one would need to present evidence that the will still validly governs the estate, such as a copy, witnesses, or a subsequent valid will that revokes the earlier one.