(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 —
satisfied that the will was not duly executed, he shall refuse the application
and shall mark the will accordingly;
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.]