46Question of date and manner of execution of will

46 Question of date and manner of execution of will

(1)  Except as otherwise specified, this rule applies in respect of an application for probate or letters of administration with the will annexed where –

(a) there is insufficient evidence of due execution of the will; or

(b) the will bears no date of execution or there is doubt as to the date of execution; or

(c) the will was executed by the deceased affixing his or her mark to the will; or

(d) the will was or appears to have been executed by a blind or illiterate person, or by another person at the direction of the testator; or

(e) the deceased's signature is not at the foot, or the end, of his or her will; or

(f) evidence of due execution of a will is required by the Court, a judge or the Registrar.

(2)  If this rule applies to an application, the applicant must provide evidence, by affidavit in an approved form, of the execution of the will.

(3)  An affidavit under subrule (2) may be made by –

(a) one or more of the persons who witnessed the will; or

(b) if none of the persons who witnessed the will is available, any other person who was present at the time when the will was witnessed; or

(c) if the persons specified under paragraph (a) or (b) are not available, a person able to provide evidence –

(i) identifying the signature of the deceased; or

(ii) identifying the signature of the witnesses who signed the will; or

(iii) of such other facts relied on to say that the will has been executed in accordance with the relevant statutory provision.

(4)  Unless the Court, a judge or the Registrar otherwise requires, this rule does not apply in respect of the execution of a will in the circumstances mentioned in subrule (1)(c) or (d) if –