54Will available is oral will or copy

### 54 Will available is oral will or copy > > (1)  A person wishing to admit to proof an oral will, or a will contained in a copy or reconstruction where the original is not available, must make application to the Court or a judge for an order permitting the admission to proof of such a will. > > > (2)  If an application is made under [subrule (1)](#GS54@Gs1@EN) , the applicant must file an affidavit with the Court providing evidence – > > > > > > (a) in the case of an oral will, of the contents of that will; and > > > > > > > (b) in the case of the reconstruction of a will, the accuracy of that reconstruction; and > > > > > > > (c) in the case of a copy of a will, the will's existence after the death of the testator or, if there is no such evidence, the facts on which the applicant replies to rebut the presumption that the will has been revoked by destruction. > > > (3)  The Court or a judge may require additional evidence in the circumstances of a particular case and may direct that notice be given to persons whose interests may be affected by the application.