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Meenakshi Vijayanand (Advocate / Law Firm)     21 February 2015

ATTESTING WITNESS TO A WILL NOT AVAILABLE

At the time of filing a probate op one of the attesting witness to the will signed affidavit of witness at the time of evidentiary hearing the whereabouts of the attesting witness is not known ( probate filed in the year 2012 the case s coming up for hearing in 2015) now the whereabouts of both the attesting witnesses not known to the petitioner. what is the remedy available for the petitioner? can the testator s wife file third party affidavit at the time of evidentiary hearing to substantiate the execution of the will ?


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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     22 February 2015

If none of the attesting witness is available the scribe who drafted the Will may be roped in as witness.

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