Section 45 Evidence Act 2011
Section 45 Evidence Act 2011 is titled ‘Declarations by testators‘. It is under Part IV (HEARSAY, OPINION AND CHARACTER EVIDENCE: RELEVANCE AND ADMISSIBILITY) of the Act. It states as follows:
(1) The declarations of a deceased testator as to his testamentary intentions, and as to the content of his will, are admissible –
a. when his will has been lost, and when there is question as to what were its contents; or
b. when the question is whether an existing will is genuine or was improperly obtained; or
c. when the question is whether any and which of more existing documents than one constitute his will.
(2) In the cases mentioned in subsection (I) of this section, it is immaterial whether the declarations were made before or after the making or loss of the will.