No original trust available

Having just a Last Will and Testament (as opposed to also having a Trust) can lead to different results if the original document(s) cannot be found when the person dies. In the case of a Will, the presumption is that if an original Will cannot be located when a person dies, then the person must have revoked it. (See A.R.S. § 14-3415, which states "If an original will that was last seen in the possession of the testator cannot be found after the testator's death, the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If this presumption arises and is not rebutted the will is revoked.")

However, if the person had a Trust, and the original cannot be located, there seems to be no such presumption. This means that it is easier to have a court rule that a photocopy of the Trust (found when the person who created the trust dies) is a true, correct and unrevoked memorialization of the terms of the trust.

Of course, if a more recent original Will or Trust exists, then that document is going to be presumed to be the controlling document.

This is an oversimplification of this issue. Be sure to talk to an experienced attorney. If you have a question, call me at 602-443-4888. Paul