Supreme Court Rules 1987

(a) a will does not contain an attestation clause; or

(b) the attestation clause in a will indicates that the will has not been executed in the manner required by the Wills Act 2000,

an applicant for a grant of probate or letters of administration with the will annexed shall, with the application for a grant of probate, file an affidavit in accordance with Form 88F of one or more of the attesting witnesses as to due execution of the will.

(2) Where an applicant is unable to comply with subrule (1), he shall file an affidavit explaining the reason for the inability and an affidavit by some person, other than an attesting witness, who was present when the will was executed.

(3) Where an applicant is unable to comply with subrule (1) or (2), he shall furnish evidence, on affidavit, of the reason for the inability and of the identity of the signature of the testator and of the attesting witness respectively or of such other facts on which he relies as establishing that the will was duly executed.