Proof where no attesting witness found
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Summary
If no attesting witness to a document can be found, or the document is said to have been executed in the United Kingdom, you must prove that at least one attesting witness actually wrote his attestation and that the signatory’s signature is in that person’s handwriting. The consequence is that handwriting proof for one witness and for the signer is required before the document is admitted.
Example
Priya signed a lease with two attesting witnesses, but years later neither witness can be found. To use the lease in court she must produce handwriting evidence showing at least one attesting witness wrote the attestation and that the signature on the lease is Priya’s own handwriting.
Bare Act
Enacted textIf no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the documents is in the handwriting of that person.
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