ABSTRACT
Rule 12 applies, as these matters raise questions about due execution of the will. Consider what evidence is available and whether it is necessary to prepare affidavit evidence. The registrar may allow the applicant to prove the will if no one is prejudiced by it, that is, the distribution of the estate would be the same if the deceased died intestate. Place these matters before the registrar either by attending at the registry or in writing. He may, depending on the circumstances of the case, dispense with evidence of execution from a witness, for example, if distribution under the will would be the same if the deceased had died intestate or the persons prejudiced by the will consent in writing. Where evidence is necessary, it should be given by one of the witnesses. If for good reason it is not convenient to prepare witness evidence – because they are deceased, infirm, not conveniently available, reluctant or not co-operative – obtain the registrar’s direction for affidavit evidence by some other source such as a person who was present at execution or who drafted the will, etc.
