The Texarkana Court of Appeals reversed a trial court’s admission of a lost will to probate in the Estate of Wilson, 252 S.W.3d 708 (Tex. App.-Texarkana 2008, no pet. h.). The presumption in Texas is that if an original will is not produced in court, it was revoked by the testator. In this case, the court of appeals held that the decedent’s wife did not meet the high standard required to prove that a will not produced in court was, in fact, lost and not merely revoked.
It is very important that you keep your will in a place that is safe from fire, flood, or disgruntled beneficiaries.
Thanks to Professor Gerry Beyer for bringing this case to my attention.