Preponderance of Evidence Necessary to Rebut Revocation of Lost Will Presumption
, 921 N.E.2d 954 (Mass. 2010): The Massachusetts Supreme Judicial Court held that the presumption of revocation that arises when a will last known to be in the possession of the testator and cannot be found after the testator’s death may be rebutted by a preponderance of the evidence. The court agreed with Restatement (Third) of Property (Wills and Donative Transfers) § 4.1 that because there can exist “other plausible explanations for a will’s absence,” requiring a higher burden to rebut the presumption is not appropriate.