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Whether a scribe of will can be examined in civil case
07-Nov-2023 (In Civil Law)
Whether a scribe of a will can be examined in civil case
Any party who produces the will, the law imposes the burden on him to prove the genuineness of the will beyond reasonable doubt. The question therefore is, how does one prove the will?
One has to examine the witnesses of the will, who would depose as to the state of mind of the testator at the time of executing the will, and one also can prove with other circumstantial evidence to prove the genuineness of the will.
A scribe, the person who has written the will, should be examined to state that the testator requested for the will to be drafted in a manner that it was drafted. The scribe can also testify as to the testator requirements while the will is drafted.
To answer your question, yes! a scribe can be examined in a civil case.
One has to examine the witnesses of the will, who would depose as to the state of mind of the testator at the time of executing the will, and one also can prove with other circumstantial evidence to prove the genuineness of the will.
A scribe, the person who has written the will, should be examined to state that the testator requested for the will to be drafted in a manner that it was drafted. The scribe can also testify as to the testator requirements while the will is drafted.
To answer your question, yes! a scribe can be examined in a civil case.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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