Under what condition can the presumption of revocation be rebutted?

The presumption of revocation arises when a will that was in the testator's possession is lost or damaged, as it can imply that the testator intended to revoke it. However, this presumption can be rebutted under certain conditions. When the will is found in a damaged condition or cannot be found, certain evidence may indicate that the testator did not intend to revoke the will despite its absence or damage.

For instance, if the will is found with alterations or markings that indicate it was intended to be part of the final testamentary intent, this could suggest that the will was not truly revoked. Furthermore, if credible evidence demonstrates that the will was in a place or condition where the testator could not have easily destroyed it, or that some other circumstances negated the possibility of a revocation, the presumption can be countered. Thus, the condition where the will is in a damaged condition or cannot be found is pivotal because it allows for the notion that the will may still reflect the true wishes of the testator, despite not being in perfect condition or being entirely accessible.