Report No. 185
Section 71
The 69th Report recommended that section 71 should be revised as follows:
"71. If the attesting witness called for the purpose of proving execution denies or does not recollect the execution of the will, its execution may be proved by other evidence and it shall not be necessary to call any other witness."
Instead, we recommend section 71 be revised as follows:
"71. Proof when attesting witness denies the execution.- If the attesting witness called for the purpose of proving execution of a will denies or does not recollect the execution of the will, its execution shall, subject to the provisions of section 68, be proved, by calling other attesting witnesses, before other evidence is adduced."
Section 72
We propose section 72 be revised as follows:
"72. Proof of wills or other document not required by law to be attested.- An attested will or other document not required by law to be attested may be proved as if it was unattested."
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