Western Australian Current Regulations

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NON-CONTENTIOUS PROBATE RULES 1967 - REG 15

15 .         Evidence as to due execution of will

        (1)         Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to him that there is some doubt concerning the due execution of the will, the Registrar shall, before admitting it to proof, require an affidavit as to due execution from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the will was executed.

        (2)         An affidavit of due execution shall be in accordance with Form 1 with such variations as the circumstances may require.

        (3)         Where an affidavit cannot be obtained in accordance with subrule (1), the Registrar may, having regard to the desirability of protecting the interests of any person who may be prejudiced by the will, accept evidence on affidavit from such person as he may think fit to show that the signature on the will is in the handwriting of the deceased, or of any other matter that may raise a presumption in favour of the due execution of the will.

        (4)         Where the Registrar, after considering the evidence — 

            (a)         is satisfied that the will was not duly executed, he shall refuse the application and shall mark the will accordingly;

            (b)         is in doubt whether the will was duly executed, he may refer the matter to the Court on motion.

        [Rule 15 amended: Gazette 14 December 1976 p. 3876.]



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