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Court Procedures Rules
3030Grant of representation—evidence of proper attestation
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3030 Grant of representation—evidence of proper attestation
of will
administration of a will.
(2) If it appears to the court that the will has been attested in the way
required by law, the court may accept the attestation as evidence of
the proper making of the will.
(3) If there is no attestation clause or the attestation clause does not show
how the will was made, the applicant must file an affidavit made by
a witness who attested the will stating how the will was made.
(4) However, if it is not practicable to comply with subrule (3) because,
for example, the witnesses who attested the will are dead, the
applicant must file an affidavit made by someone else present when
the will was made and stating how the will was made.
(5) If it is not practicable for the applicant to comply with subrule (4)
because, for example, no-one else was present when the will was
made, the applicant must file an affidavit stating why it is not
practicable and, if possible, giving evidence of the handwriting of the
witnesses.
(6) The applicant must also state in the affidavit anything else relevant
about the making of the will.
Rule 3031