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.]