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Report No. 185

Section 69

This section deals with "proof where no attesting witness found". It reads as follows:

"69. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person."

The 69th Report recommended (para 32.37 & 32.30) and rightly in our view, for replacing the word 'document' by the word 'will', and for omitting the words "or if the document purports to have been executed in the United Kingdom".

We agree.

The revised section, as recommended, is as follows:

"69. Proof where no attesting witness is found.- If no such attesting witness can be found as specified under sub-section (1) of section 68, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the will is in the handwriting of the executant of the will."









  

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