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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 28 March 2017 at 11:31)
26   Will not sufficiently attested
(cf former Part 78, rule 15)
(1)  If the will contains either no attestation clause or an insufficient attestation clause, the plaintiff must file an affidavit by one or more of the attesting witnesses to the due execution of the will.
(2)  A plaintiff who is unable to comply with subrule (1) must file:
(a)  an affidavit as to the reason for the inability, and
(b)  a further affidavit by some other person who was present when the will was executed.
(3)  A plaintiff who is unable to comply with subrule (1) or (2) must file an affidavit as to:
(a)  the reason for the inability, and
(b)  either:
(i)  the signatures of the testator and the attesting witnesses, or
(ii)  other facts from which it may be inferred that the will was duly executed.