In contentious probate matters if the probate court is of the opinion that an Affidavit of attesting witness/s is now required at what stage of the proceedings is this requested? Any helpful comments please will be much appreciated
Probate- Affidavit of attesting witness query
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In certain circumstances, it is necessary to obtain affidavit(s) of attesting witness(es) and to submit same with your application for a grant of representation.* Sometimes it is necessary to obtain an AAW from both witnesses.* You should obtain an AAW before lodging your application with the Probate Office. Failure to do so will result in your application being rejected.
The affidavit of attesting witness will be requested if, for example; *There is no attestation clause in the will or where the attestation clause is defective in some way* or if the wording does not make clear that the witnesses were present at the same time when the testator made or acknowledged his signature or if the testators signature is unclear or if there appear to be alterations.
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