BSA Section 70 — Proof when attesting witness denies execution

Summary

If the attesting witness says the document was not signed or witnessed in their presence, or says they do not remember it being executed, the execution of the document can still be proved using other evidence. This means the document is not automatically invalid just because the attesting witness cannot confirm it.

Official Text

If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

Referred to by

• BSA §48 — Evidence of character or previous sexual experience not relevant in certain cases
• BSA §149 — Questions lawful in cross-examination

Old <-> New Code Mapping

• IEA §71 — Proof when attesting witness denies execution