ACTIn ForceRegulation
Court Procedures Rules
3031Grant of representation—will by blind or illiterate person
Start here
Get a plain-English read of 3031
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
3031 Grant of representation—will by blind or illiterate person
administration of a will that—
(a) has been made by a blind or apparently illiterate testator; or
(b) appears to have been signed by someone else on behalf of the
testator; or
(c) was made under circumstances that raise doubt about whether
the testator knew or approved of the will’s contents.
(2) The applicant must file an affidavit giving evidence that, when the
testator signed the will, the testator knew and approved of its contents.
(3) If an affidavit mentioned in subrule (2) is made by a witness who
attested the will or by someone else present when the will was made,
the affidavit must state how the will was made.
(4) However, unless the court otherwise orders on application by an
interested person or on its own initiative, it is not necessary to obtain
evidence of the making of a blind or apparently illiterate testator’s
will if—
(a) the will specifically states the testator is blind or apparently
illiterate; and
(b) the attestation of the witnesses who signed the will
acknowledges that the testator knew and approved of the
contents of the will.