Bi. Mary w/o Bilauri v. Calist s/o Bilauri (PC) Civ. App. 30-D-68, 15/10/68, Hamlyn J.

Bi. Mary w/o Bilauri v. Calist s/o Bilauri (PC) Civ. App. 30-D-68, 15/10/68, Hamlyn J.

At issue is the validity of a will which is purported to have been executed by the testator. The testator before his death was apparently sick and in great paid and sought the Services of a scribe who wrote a will for the testator who signed it and a number of witnesses as well. It was established that the witnesses signed the will sometime after the death of the testator and not at the same time the will was executed.

            Held: The Laws of inheritance (Government notice No. 436 of 1963) provides in clause 3. “A will should be attested by proper witnesses who must be present at the same time.” The court stated; “I presume that this slightly ambiguous wording sets out the normal requirement that both testator and witnesses shall be present and shall sign this requirement was not followed, the will is invalid. Appeal dismissed.