What must be established for a nonproduction cause of a will?

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To establish a nonproduction cause of a will means demonstrating that a will cannot be located, despite the belief that it exists and that it was validly executed. This situation arises in probate law when someone argues that a will should be admitted to probate even though it cannot be physically produced.

The correct option emphasizes the necessity of presenting evidence regarding the testator's intentions and the whereabouts of the will. This requirement is crucial because, without proof of the testator’s intent to create a will and its proper execution, the court may deny probate. The absence of the will could result from various circumstances, such as misplacement or destruction, but to secure a nonproduction cause, it is imperative to establish that the deceased indeed created a will and that it met the necessary legal formalities.

In potential scenarios like a stolen will or one lost through negligence, while these matters may be relevant, they do not directly align with the fundamental requirement of demonstrating the existence and intent behind the will. Simply stating a will was never executed lacks the evidence component necessary to convince a court about a testator's previously expressed wishes. Hence, focusing on the testator's intentions and providing appropriate evidence about the will is the key to a successfully established nonproduction cause.

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