FRE 803(15) excepts from the hearsay rule a statement in a document such as a will that relates to property.  The statement must be relevant to the purpose of the will, and dealings with the subject property after the will was created must not have been inconsistent with the offered statement or the purpose of the will.

Some states require that the will have been in existence for many years (generally twenty or thirty).{footnote} [4325]  Check Perry v. Parker, 141 A.2d 883 (N.H. 1958)(G). {/footnote}  Note that the legally operative language in such instruments (e.g., "I bequeath to ….") is not hearsay.  See HEARSAY–Statements Having Legal Effect.

Authentication

In state courts, ancient documents which convey an interest in property, such as wills, carry a presumption of authenticity if they are established as being at least thirty years old, appear to be authentic on their face, and were kept or found in a place where an authentic document of that nature would likely be found.{footnote}Cal. § 643.{/footnote}  Some states also require proof of "proper custody" and that the document had been accepted as true by persons having an interest in the property.{footnote}Cal. § 1331.{/footnote}

Under the federal rules, a document twenty years old is considered sufficiently authenticated so long as there is nothing unusual or suspicious about its condiiton or where it was found.{footnote}FRE 901(b)(8).{/footnote}  See ANCIENT DOCUMENTS; AUTHENTICATION.

Lost Wills

Under the federal rules, secondary evidence is admissible to prove the content of a writing where the original has been lost or destroyed through no fault of the party offering the secondary evidence.  See BEST EVIDENCE–Unavailability of an Original.  Most states, however, are more strict when it comes to lost wills.  Under California law, the contents of a lost will must be established through the testimony of two credible eyewitnesses, who need not be subscribing witnesses.{footnote}Cal. Probate Code § 350.{/footnote}  See also ATTESTATIONS.

Parole Evidence to Resolve Ambiguities

Most states prohibit the use of a testator’s alleged statements to resolve ambiguities on the face of a will.{footnote}Cal. Prob. Code § 105.{/footnote}

Attesting Witnesses

Wills are generally required to be attested in order to be admitted into probate.  See also ATTESTATION.

Best Evidence Rule

Authenticated copies of wills are admissible.{footnote}Il. Rev. Stat. ch. 110 1/2, & 6-18.{/footnote}
[West sec. 165 (4)]

Recordings, Videotapes and Films

A recording of testator at the time of signing a will has been admitted to show testamentary capacity.{footnote}Belfield v. Coop, 8 Ill. 2d 293, 134 N.E.2d 249 (1956).{/footnote}

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ANCIENT DOCUMENTS; INSANITY.