Hearings

After the Statement of Claim and the Defence have been filed in court together with each sides supporting affidavit evidence the case is set don for hearing before a judge. It usually takes about 12 months to get to this stage.

Initially the onus of proof rests with the defendant to show some serious doubt regarding the validity of the Will. When that doubt has been achieved the onus reverts back to the claimant to prove the Will is valid.

Generally witnesses at the hearing will include the person persons who witnessed the Will and the solicitor (if any) who prepared the Will and sometimes the deceased medical practitioners if the dispute is about the capacity of the will maker.