Presumed no revocation applies if the will is last seen in whose possession?

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Multiple Choice

Presumed no revocation applies if the will is last seen in whose possession?

Explanation:
The key idea is the last-seen rule: a will is presumed revoked if it was last seen in the testator’s possession and is not found after death. To avoid that presumption, the will being last seen in someone else’s possession means there’s no automatic inference of revocation—the burden to prove validity rests on showing the will wasn’t revoked. If the will is last seen in the possession of a beneficiary, there’s no presumption that it was revoked. The beneficiary’s possession doesn’t trigger the revocation presumption, so the will remains potentially valid and capable of probate.

The key idea is the last-seen rule: a will is presumed revoked if it was last seen in the testator’s possession and is not found after death. To avoid that presumption, the will being last seen in someone else’s possession means there’s no automatic inference of revocation—the burden to prove validity rests on showing the will wasn’t revoked.

If the will is last seen in the possession of a beneficiary, there’s no presumption that it was revoked. The beneficiary’s possession doesn’t trigger the revocation presumption, so the will remains potentially valid and capable of probate.

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