75-3-406 - Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses.
75-3-406. Formal testacy proceedings -- Contested cases -- Testimony of attestingwitnesses.
(1) If evidence concerning execution of an attested will which is not self-proved isnecessary in contested cases, the testimony of at least one of the attesting witnesses, if within thestate, competent, and able to testify, is required. Due execution of an attested or unattested willmay be proved by other evidence.
(2) If the will is self-proved, compliance with signature requirements for execution isconclusively presumed and other requirements of execution are presumed subject to rebuttalwithout the testimony of any witness upon filing the will and the acknowledgment and affidavitsannexed or attached thereto, unless there is proof of fraud or forgery affecting theacknowledgment or affidavit.
Enacted by Chapter 150, 1975 General Session