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NON-CONTENTIOUS PROBATE RULES 1967 - REG 17

NON-CONTENTIOUS PROBATE RULES 1967 - REG 17

17 .         Evidence as to terms, condition and date of execution of will

        (1)         Where there appears in a will any obliteration, interlineation, or other alteration that is not authenticated in the manner prescribed by section 10 of the Wills Act 1970 or by the re‑execution of the will or by the execution of a codicil, the Registrar shall require evidence to show whether the alteration was present at the time the will was executed, and shall give directions as to the form in which the will is to be proved.

        (2)         Subrule (1) does not apply to an alteration that appears to the Registrar to be of no practical importance.

        (3)         Where from a mark on a will it appears to the Registrar that some other document has been attached to the will, or where a will contains a reference to another document in such terms as to suggest that it ought to be incorporated in the will, the Registrar may require the document to be produced and may call for evidence in regard to the attachment or incorporation of the document.

        (4)         Where there is doubt as to the date on which a will was executed, the Registrar may require such evidence as may be necessary to establish the date.

        (5)         Where a sheet of a will is not signed by the testator and by the attesting witnesses, affidavit evidence shall be adduced establishing that the sheet formed part of the will as executed by the testator, unless in any particular case this requirement is dispensed with by order of the Registrar.

        [Rule 17 amended: Gazette 20 October 1972 p. 4160; 14 December 1979 p. 3876; 27 Nov 2009 p. 4788.]