Opal DAN v. Desiree DAN and Freda Dan

Summary

The court held that execution and contents of a lost will must be established by clear and convincing evidence. Because the superior court did not identify the proof standard it applied, and did not determine whether the evidence rebutted the presumption that the decedent destroyed the will with intent to revoke it, the court remanded for those determinations. The court did not reach the appellant's argument that the earlier will remained valid.